Reward Interiors Pty Ltd v Master Fabrication (NSW AU) Pty Ltd [2020] NSWSC 1251

Supreme Court New South Wales

Medium Neutral Citation: Reward Interiors Pty Ltd v Master Fabrication (NSW AU) Pty Ltd [2020] NSWSC 1251 Hearing dates: 11 September 2020 Date of orders: 14 September 2020 Decision date: 14 September 2020 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Defendant's notice of motion of 30 July 2020 dismissed with costs Catchwords: BUILDING AND CONSTRUCTION – payment claim served by subcontractor on builder under Building and Construction Industry Security of Payment Act 1999 (NSW) – no payment schedule served by builder – alleged agreement between sub-contractor and builder that builder pay amount less than the amount claimed in payment claim in satisfaction of payment claim – where builder then paid agreed amount – whether that agreement void by reason of s 34 of the Act BUILDING AND CONSTRUCTION – whether subcontractor entitled to summary judgment for difference between amount claimed in payment claim and amount paid pursuant to the agreement Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Practice Note SC Eq 3 Cases Cited: Multiplex Constructions Pty Ltd v Luikens and Anor [2003] NSWSC 1140 The Minister for Commerce (formerly Public Works & Services) v Contrax Plumbing (NSW) Pty Ltd & Ors [2005] NSWCA 142 Texts Cited: Robert McDougall, "Prohibition on Contracting Out of the Building and Construction Industry Security of Payment Act (NSW)" (2006) 22 BCL 246. Category: Procedural and other rulings Parties: Reward Interiors Pty Ltd (Plaintiff/Respondent) Master Fabrication (NSW AU) Pty Ltd (Defendant/Applicant) Representation: Counsel: D Weinberger (Plaintiff/Respondent)