Joye Group Pty Ltd v Cemco Projects Pty Ltd [2021] NSWCA 211

Joye Group Pty Ltd v Cemco Projects Pty Ltd [2021] NSWCA 211

The respondent's email did not constitute a valid payment schedule under s 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW) because it failed to indicate the reasons for withholding payment as required by s 14(3). Consequently, the appellant was entitled to judgment for the claimed amounts.

Parties
Appellant: Joye Group Pty Ltd; Respondent: Cemco Projects Pty Ltd
Jurisdiction
Australia
Judgment Date
09 September 2021
Procedural Posture
Appeal / Decision on Appeal From District Court
Outcome
Appeal allowed
Legal Topics
Security of Payment, Payment Schedules, Progress Payment Claims, Statutory Construction
Building and Construction Law Civil Procedure Security of Payment Payment Schedules Progress Payment Claims Statutory Construction

Case Brief

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Parties

Joye Group Pty Ltd

Appellant

Cemco Projects Pty Ltd

Respondent

Procedural Posture

Appeal / Decision on Appeal From District Court

Legal Issues

  1. 1 Whether the respondent's email constituted a valid payment schedule under s 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW)
  2. 2 Whether sufficient reasons for withholding payment were given in accordance with the statute

Ratio Decidendi

The respondent's email did not constitute a valid payment schedule under s 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW) because it failed to indicate the reasons for withholding payment as required by s 14(3). Consequently, the appellant was entitled to judgment for the claimed amounts.

Court Disposition

Appeal allowed

Orders

  • Allow the appeal and set aside order (2) made in the District Court on 30 April 2021 and order (2) entered on 17 May 2021.
  • Give judgment for the appellant in the sum of $175,190.55, being the sum of invoices JSA19293 and JS19794 and interest on those amounts.