21 Oct 2011
HERBERT CONSTRUCTION COMPANY LIMITED V PI ALEXANDER, BE ALEXANDER, MJ MOLLIER AND MP WARD IN PARTNERSHIP TRADING AS THE CHRISTIE CROWN PARTNERSHIP HC NAP CIV-2011-441-500
- Citation
- openlaw-92cc99dc_144f_4351_b49c_c6e797e54695.pdf
- Court
- High Court
The reissued payment claims complied with the Act's form requirements and were validly brought to the payer's attention; no valid payment schedule was issued in response to those reissued claims so under ss22–23 of the Construction Contracts Act 2002 the claimed amount became a debt payable and the defendants cannot rely on set-off under s79; consequently there is no real defence and summary judgment is appropriate for the claimed amount.