Infinity Formwork Group Pty Ltd v Adobe Construction Group Pty Ltd [2023] NSWDC 220

Infinity Formwork Group Pty Ltd v Adobe Construction Group Pty Ltd [2023] NSWDC 220

Invoice 60 was the only payment claim served in August 2022 and thus not a nullity under s 13(5) SOP Act. Defendant’s equitable set-off defence arises under the construction contract and, in absence of a payment schedule, is unavailable according to s 15(4) SOP Act. Plaintiff entitled to summary judgment for Invoice 60 as there is no triable issue.

Jurisdiction
Australia
Judgment Date
23 June 2023
Procedural Posture
Civil / Summary Judgment Application
Outcome
Judgment for the plaintiff in respect of payment claim constituted by Invoice 60
Legal Topics
['summary Disposal' 'payment Claim' 'equitable Set Off']
['civil Procedure' 'building and Construction'] ['summary Disposal' 'payment Claim' 'equitable Set Off']

Case Brief

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Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 ['Whether plaintiff is entitled to summary judgment in respect of Invoice 60 under the SOP Act' 'Whether more than one payment claim was served in a named month, rendering Invoice 60 a nullity' 'Whether equitable set-off is available as a defence in absence of a payment schedule']

Ratio Decidendi

Invoice 60 was the only payment claim served in August 2022 and thus not a nullity under s 13(5) SOP Act. Defendant’s equitable set-off defence arises under the construction contract and, in absence of a payment schedule, is unavailable according to s 15(4) SOP Act. Plaintiff entitled to summary judgment for Invoice 60 as there is no triable issue.

Court Disposition

Judgment for the plaintiff in respect of payment claim constituted by Invoice 60

Orders

  • ['Amended notice of motion dated 1 March 2023 granted.' 'Judgment for the plaintiff in the sum of $94,235.24 in respect of the payment claim constituted by Invoice 60, issued by it to the defendant on 25 August 2022.']