Isis v Clarence [2004] NSWSC 73

Isis v Clarence [2004] NSWSC 73

There is no triable issue on whether progress claims were validly made after practical completion; however, whether progress claims were supported by evidence and information as required by contract and Act is a triable issue; claims did not contravene s 13(5) of the Act.

Jurisdiction
Australia
Judgment Date
23 February 2004
Procedural Posture
Motion for Summary Judgment / Motion Hearing
Outcome
Motion dismissed with costs
Legal Topics
['summary Judgment Application' 'construction Contract' 'building and Construction Industry Security of Payments Act' 'progress Claims']
['practice & Procedure' 'contract Law'] ['summary Judgment Application' 'construction Contract' 'building and Construction Industry Security of Payments Act' 'progress Claims']

Case Brief

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Procedural Posture

Motion for Summary Judgment / Motion Hearing

Legal Issues

  1. 1 ['Whether progress claims issued between practical completion and expiration of the defects liability period are valid payment claims under the Act' 'Whether progress claims were supported by evidence and information required by the contract and the Act' 'Whether progress claims contravened s 13(5) of the Building and Construction Industry Security of Payments Act']

Ratio Decidendi

There is no triable issue on whether progress claims were validly made after practical completion; however, whether progress claims were supported by evidence and information as required by contract and Act is a triable issue; claims did not contravene s 13(5) of the Act.

Court Disposition

Motion dismissed with costs

Orders

  • ['Motion of the plaintiff filed 26 September 2003 be dismissed with costs.']