Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty LtdCitation:[2016] HCA 52Before:Kiefel, Bell, Gageler, Keane, Gordon JJDate:21 Dec 2016Case Number:S199/2016Read more
The existence of a reference date under the construction contract is a precondition to making a valid payment claim under the Act. The right to make a progress claim does not survive termination unless expressly provided in the contract.
- Parties
- Applicant: Unknown (Contractor); Respondent: Unknown (Principal)
- Jurisdiction
- Australia
- Judgment Date
- 21 December 2016
- Procedural Posture
- Civil / Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Security of Payment, Construction Contracts, Payment Claims, Reference Dates
Case Brief
Summary, issues, holding and outcome
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Parties
Unknown (Contractor)
Applicant
Unknown (Principal)
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the existence of a reference date under a construction contract is a precondition to making a valid payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW)
- 2 Whether the contractor's right to make a progress claim survives termination of the construction contract
Ratio Decidendi
The existence of a reference date under the construction contract is a precondition to making a valid payment claim under the Act. The right to make a progress claim does not survive termination unless expressly provided in the contract.
Court Disposition
Claim dismissed
Orders
- The applicant's claim is dismissed.
Full Case Text
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