Watpac Constructions (NSW) Pty Limited v Charter Hall Funds Management Limited [2017] NSWSC 865

Watpac Constructions (NSW) Pty Limited v Charter Hall Funds Management Limited [2017] NSWSC 865

The disputed payment claim served by Watpac on 7 December 2016 was a valid payment claim under s 13 of the Building and Construction Industry Security of Payment Act 1999 (NSW). It sufficiently identified the construction work to which it related, was related to an available reference date under the contract, and was served in a manner allowed by contract. Charter Hall’s estoppel and misleading or deceptive conduct defences failed, as there was no conduct by Watpac inducing such reliance or misunderstanding. Judgment was entered for Watpac for the claimed amount and interest.

Parties
Plaintiff: Watpac Constructions (NSW) Pty Limited; First Defendant: Charter Hall Funds Management Limited; Second Defendant: Charter Hall Investment Management Limited
Jurisdiction
Australia
Judgment Date
30 June 2017
Procedural Posture
Principal Judgment / Final Decision After Hearing
Outcome
Judgment for the plaintiff for the amount claimed and interest. Parties to agree the calculation of interest and terms of order. Proceedings stood over for entry of judgment.
Legal Topics
Building and Construction Payments, Validity of Payment Claims, Security of Payment Act, Estoppel, Misleading or Deceptive Conduct
Construction Law Equity Contract Law Commercial Law Building and Construction Payments Validity of Payment Claims Security of Payment Act Estoppel +1 more

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Parties

Watpac Constructions (NSW) Pty Limited

Plaintiff

Charter Hall Funds Management Limited

First Defendant

Charter Hall Investment Management Limited

Second Defendant

Procedural Posture

Principal Judgment / Final Decision After Hearing

Legal Issues

  1. 1 Whether the payment claim served by Watpac complied with s 13 of the Building and Construction Industry Security of Payment Act 1999 (NSW)
  2. 2 Whether there was an available reference date for the claim under the contract
  3. 3 Whether estoppel prevented Watpac from asserting the payment claim

Ratio Decidendi

The disputed payment claim served by Watpac on 7 December 2016 was a valid payment claim under s 13 of the Building and Construction Industry Security of Payment Act 1999 (NSW). It sufficiently identified the construction work to which it related, was related to an available reference date under the contract, and was served in a manner allowed by contract. Charter Hall’s estoppel and misleading or deceptive conduct defences failed, as there was no conduct by Watpac inducing such reliance or misunderstanding. Judgment was entered for Watpac for the claimed amount and interest.

Court Disposition

Judgment for the plaintiff for the amount claimed and interest. Parties to agree the calculation of interest and terms of order. Proceedings stood over for entry of judgment.

Orders

  • Plaintiff to have judgment for the amount claimed and interest.
  • Parties to prepare agreed calculation of interest and form of judgment within 7 days.