Lewance Construction Pty Ltd -v- Southern Han Breakfast Point Pty Ltd [2014] NSWSC 1726

Lewance Construction Pty Ltd -v- Southern Han Breakfast Point Pty Ltd [2014] NSWSC 1726

The evidence supported that Mr McMahon was authorised by SHBP to provide the payment schedule in reply to the payment claim for progress claim 15; therefore, SHBP provided a payment schedule within the prescribed period and is not liable under s 15 of the Act.

Jurisdiction
Australia
Judgment Date
04 December 2014
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Plaintiff's Summons dismissed
Legal Topics
['building Contracts' 'payment Schedules' 'authority of Agent']
['construction Law' 'contract Law'] ['building Contracts' 'payment Schedules' 'authority of Agent']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 ['Whether payment schedule was provided by the authorised agent of the respondent under s 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW)' 'Whether payment schedule was provided within the prescribed time']

Ratio Decidendi

The evidence supported that Mr McMahon was authorised by SHBP to provide the payment schedule in reply to the payment claim for progress claim 15; therefore, SHBP provided a payment schedule within the prescribed period and is not liable under s 15 of the Act.

Court Disposition

Plaintiff's Summons dismissed

Orders

  • ["The plaintiff's Summons be dismissed" "The plaintiff pay the first defendant's costs"]