Joye Group Pty Limited v Cemco Projects Pty Limited [2021] NSWDC 151

District Court New South Wales

Medium Neutral Citation: Joye Group Pty Limited v Cemco Projects Pty Limited [2021] NSWDC 151 Hearing dates: 15 April 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Civil Before: Strathdee DCJ Decision: (1) Judgment for the plaintiff against the defendant in the sum of $10,242.36 + $36,080.00 = $46,322.36. (2) Judgment for the defendant against the plaintiff with regard to Invoices JSA 19293 and JS 19794. (3) Allow the parties to contact my associate within 14 days to relist the matter for argument as to any various orders, interest and costs, if the parties cannot agree. Catchwords: ADMINISTRATIVE LAW – what must be disclosed by a payment schedule under the Building and Construction Industry Security of Payment Act 1999- the requirements of a payment schedule- identification of the payment claims – indication of the amount of the payment- reasons for withholding payment Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Civil Procedure Act 2005 Cases Cited: Clarence Street Pty Ltd v Isis Projects Pty Ltd [2005] NSWCA 391 Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd (2016) 337 ALR 452 Johnson v Perez (1988) 166 CLR 351; (1988) 82 ALR 587 Minimax Fire Fighting Pty Ltd v Bremore Engineering (WA) Pty Ltd [2007] QSC 333 Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140 Style Timber Flooring Pty Ltd v Krivosudsky [2019] NSWCA 171 Category: Principal judgment Parties: Joye Group Pty Limited (Plaintiff) Cemco Projects Pty Limited(Defendant) Representation: Counsel: Ms S Woodland (Plaintiff) Ms R Thrift (Defendant)