Turnkey Innovative Engineering Pty Ltd v Witron Australia Pty Ltd [2023] NSWSC 981
The email did not constitute a valid payment schedule because, although it indicated a nil scheduled amount and gave a reason for withholding payment as to the contract works component, it failed to indicate reasons for withholding payment for the variations component, which was a significant part of the claim, and therefore did not comply with s 14(3) of the Act.
- Jurisdiction
- Australia
- Judgment Date
- 18 August 2023
- Procedural Posture
- Principal Judgment / Judgment
- Outcome
- Judgment for the plaintiff
- Legal Topics
- ['payment Schedule Validity' 'security of Payment Act' 'contract Variation']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Principal Judgment / Judgment
Legal Issues
- 1 ['Whether the email sent by the defendant constituted a valid payment schedule for the purpose of s 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW)' 'Whether the email indicated the amount the respondent proposed to pay' 'Whether the email indicated the reasons for withholding payment']
Ratio Decidendi
The email did not constitute a valid payment schedule because, although it indicated a nil scheduled amount and gave a reason for withholding payment as to the contract works component, it failed to indicate reasons for withholding payment for the variations component, which was a significant part of the claim, and therefore did not comply with s 14(3) of the Act.
Court Disposition
Judgment for the plaintiff
Orders
- ['The Contractor is entitled to judgment.' 'Parties to bring in short minutes to give effect to these reasons.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment