SMLXL Projects Pty Limited v RIIS Retail A/S [2017] NSWDC 131

SMLXL Projects Pty Limited v RIIS Retail A/S [2017] NSWDC 131

The Pitt Street and Barangaroo invoices, read in light of the parties' correspondence and background knowledge, purported in a reasonable way to identify the construction work to which the progress payments related and were valid payment claims under section 13 of the Act. Because no payment schedules were served, the plaintiff was entitled to judgment under section 15(4) for those claims. The T2 invoice was not defeated by section 13(5), but the plaintiff did not establish to the standard required on summary judgment that the alleged T2 variation works were the subject of a concluded bilateral arrangement or arose under the construction contract, so summary judgment was refused for that...

Jurisdiction
Australia
Judgment Date
31 May 2017
Procedural Posture
Civil Building and Construction Payment Claim Proceeding / Plaintiff's Notice of Motion for Summary Judgment Under Part 13, Rule 1 of the Uniform Civil Procedure Rules
Outcome
Summary judgment granted for the plaintiff in relation to the Pitt Street and Barangaroo payment claims; application dismissed in relation to the alleged T2 payment claim; costs reserved for further hearing.
Legal Topics
['summary Judgment' 'building and Construction Industry Security of Payment Act 1999 (nsw)' 'payment Claims' 'payment Schedules' 'reference Dates' 'variations' 'construction Contracts and Other Arrangements']
['building and Construction' 'civil Procedure'] ['summary Judgment' 'building and Construction Industry Security of Payment Act 1999 (nsw)' 'payment Claims' 'payment Schedules' 'reference Dates' 'variations' 'construction Contracts and Other Arrangements']

Case Brief

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Procedural Posture

Civil Building and Construction Payment Claim Proceeding / Plaintiff's Notice of Motion for Summary Judgment Under Part 13, Rule 1 of the Uniform Civil Procedure Rules

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to summary judgment for amounts claimed under three alleged payment claims.' 'Whether the invoices complied with section 13(2)(a) of the Building and Construction Industry Security of Payment Act 1999 (NSW) by identifying the construction work to which the progress payments related.' 'Whether background knowledge and correspondence could be considered in assessing the sufficiency of the payment claims.' 'Whether the plaintiff needed to prove agreement to a contract sum or agreed variations before issuing a payment claim.' 'Whether Invoice Number 118 for the T2 Project was barred by section 13(5) because another invoice was served on the same date.' 'Whether the alleged T2 variation claim arose under a construction contract or other arrangement.']

Ratio Decidendi

The Pitt Street and Barangaroo invoices, read in light of the parties' correspondence and background knowledge, purported in a reasonable way to identify the construction work to which the progress payments related and were valid payment claims under section 13 of the Act. Because no payment schedules were served, the plaintiff was entitled to judgment under section 15(4) for those claims. The T2 invoice was not defeated by section 13(5), but the plaintiff did not establish to the standard required on summary judgment that the alleged T2 variation works were the subject of a concluded bilateral arrangement or arose under the construction contract, so summary judgment was refused for that...

Court Disposition

Summary judgment granted for the plaintiff in relation to the Pitt Street and Barangaroo payment claims; application dismissed in relation to the alleged T2 payment claim; costs reserved for further hearing.

Orders

  • ['Summary judgment for the plaintiff on its Notice of Motion filed on 28 February 2017 under Part 13, Rule 1 of the Uniform Civil Procedure Rules in relation to the Pitt Street payment claim and the Barangaroo payment claim.' 'The application in the Notice of Motion in relation to the alleged T2 payment claim is...