Joye Group Pty Limited v Cemco Projects Pty Limited [2021] NSWDC 151

Joye Group Pty Limited v Cemco Projects Pty Limited [2021] NSWDC 151

The defendant's email of 8 May 2020 satisfied the requirements of a payment schedule under s 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW) in respect of Invoices JS19794 and JSA19293, by identifying the invoices, stating that no payment would be made until works were completed, and articulating the reason for withholding payment. Accordingly, the plaintiff is not entitled to judgment for these invoices. In relation to Invoices JS19774 and JSA19284, the defendant failed to provide a payment schedule, and the plaintiff is entitled to judgment for those amounts.

Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Civil / Principal Judgment
Outcome
Partly in favour of plaintiff, partly in favour of defendant
Legal Topics
['payment Schedules' 'building and Construction Industry Security of Payment Act 1999' 'requirements of Payment Claims' 'identification of Payment Claims' 'reasons for Withholding Payment']
['administrative Law' 'building and Construction Law'] ['payment Schedules' 'building and Construction Industry Security of Payment Act 1999' 'requirements of Payment Claims' 'identification of Payment Claims' 'reasons for Withholding Payment']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ["Whether the defendant provided a valid payment schedule under s 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW) in response to the plaintiff's payment claims" 'Whether the plaintiff is entitled to judgment for unpaid invoices under the Act']

Ratio Decidendi

The defendant's email of 8 May 2020 satisfied the requirements of a payment schedule under s 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW) in respect of Invoices JS19794 and JSA19293, by identifying the invoices, stating that no payment would be made until works were completed, and articulating the reason for withholding payment. Accordingly, the plaintiff is not entitled to judgment for these invoices. In relation to Invoices JS19774 and JSA19284, the defendant failed to provide a payment schedule, and the plaintiff is entitled to judgment for those amounts.

Court Disposition

Partly in favour of plaintiff, partly in favour of defendant

Orders

  • ['Judgment for the plaintiff against the defendant in the sum of $46,322.36.' 'Judgment for the defendant against the plaintiff with regard to Invoices JSA 19293 and JS 19794.' 'Parties may contact the associate within 14 days to relist the matter for argument regarding any various orders, interest and costs, if not...