Security of Payments

SE Ware Street Dev Pty Ltd v Kwik Flo Pty Ltd NSWSC 1060 Under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), an adjudicator’s determination that he has no jurisdiction to decide on a payment claim is still a determination made under the Act. The recent…

The NSW Court of Appeal in Roberts Co (NSW) Pty Ltd v Sharvain Facades Pty Ltd (Administrators Appointed)  NSWCA 161 has clarified a clause in a contract which says service of a document after a certain time of day (usually 4pm or 5pm) is deemed to occur on the next business…

Manariti Plumbing Pty Ltd v Universal Property Group Pty Ltd NSWCA 135 is a recent NSW Court of Appeal decision which effectively ends arguments against summary judgment applications under the Building and Construction Industry Security of Payment Act 1999 NSW (SOPA) when no payment schedule has been provided. As long…

Hynash Constructions Pty Ltd v BRP Industries Pty Ltd NSWCA 14 This case concerns whether Hynash Constructions Pty Ltd (Hynash) is entitled to apply a set-off against a “statutory debt” under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) when it failed to provide a payment…

In Fredon Infrastructure Pty Ltd (Fredon) v Hitachi Rail GTS Australia Pty Ltd (Hitachi) NSWSC 1244, oral representations were made on who can receive a payment claim.  Those representations were held to constitute a conferring of apparent authority under a contract. Background Contract Fredon, an electrical subcontractor, initially entered into…

Obtaining an adjudication determination is one thing, enforcing it is another The recent decision in Harlech Enterprises Pty Ltd v Beno Excavations Pty Ltd NSWCA 5 offers significant insights for parties navigating payment disputes under the Building and Construction Industry Security of Payment Act 1999 (ACT) (SOPA). This case is…

Rogers Construction Group Pty Ltd V Mirage Interiors & Construction Pty Ltd  NSWSC 1344 Under the NSW Building and Construction Industry Security of Payments Act 1999 (SOPA), adjudicators’ determinations are limited to matters that can be reasonably contemplated by either party. However, the Court will only quash a decision based on…

On the first day of SOPA my… Introduction The holiday season is meant to be a time of joy, celebration, and relaxation, but it’s also a time when unexpected events can occur. One such surprise might be the receipt of a payment claim or adjudication application in the middle of…

AM Darlinghurst Investment Pty Ltd as trustee for AM Darlinghurst Investment Trust v Growthbuilt Pty Limited NSWSC 825 In general, communications and documents marked as “without prejudice” cannot be used by the other party as evidence in court. This ensures that parties can speak openly about the matter in dispute…