Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248

FEDERAL COURT OF AUSTRALIA

Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248 BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 2002 (Vic) – payment claim – whether construction work sufficiently identified – whether claim was for progress payment or final payment – payment schedule – whether several documents in aggregate can satisfy the requirement when not intended to be schedule PRACTICE AND PROCEDURE – summary judgment – whether disputed points of law may be finally resolved on motion for summary judgment TRUSTS – payment of retention moneys into separate account – conditional trust

Building and Construction Industry Security of Payment Act 2002 (Vic), ss 14 and 15 Amflo Constructions Pty Ltd v Jefferies [2003] NSWSC 856 Coordinated Construction Co Pty Ltd v Climatech (Canberra) Pty Ltd [2005] NSWCA 229 De Martin & Gasparini Pty Ltd v Energy Australia(2002) 55 NSWLR 577 Hawkins Construction (Aust) Pty Ltd v Mac's Industrial Pipework Pty Ltd [2002] NSWCA 136 Jemzone Pty Ltd v Trytan Pty Ltd (2002) 42 ACSR 42 John Holland Pty Ltd v Cardno MBK (NSW) Pty Ltd [2004] NSWSC 258 Leighton Contractors Pty Ltd v Campbelltown Catholic Club Ltd [2003] NSWSC 1103 Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA Pty Ltd) [2007] QSC 333 Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140 Nepean Engineering Pty Ltd v Total Process Services Pty Ltd (in liq) (2005) 64 NSWLR 462 Parist Holdings Pty Ltd v WT Partnership Australia Pty Ltd [2003] NSWSC 365 Southern Region Pty Ltd v State of Victoria (No 3) [2001] VSC 436 Tout and Finch Ltd, In re [1954] 1 WLR 178 Walter Construction Group Ltd v CPL (Surry Hills) Pty Ltd [2003] NSWSC 266 Second Reading Speech, Building and Construction Industry Security of Payment Bill 2002 (Vic) (Parliamentary Debates, Legislative Assembly, 21 March 2002), 427 PROTECTAVALE PTY LTD and HENDARA PTY LTD v K2K PTY LTD and OTHERS (according to the attached Schedule of Parties)