Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 4) [2021] NSWSC 558

Supreme Court New South Wales

Medium Neutral Citation: Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 4) [2021] NSWSC 558 Hearing dates: 18 May 2021 Date of orders: 18 May 2021 Decision date: 18 May 2021 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Declaration that the Plaintiff is entitled to $1,068,304.75 (ex GST) and notation that the Plaintiff accepts it has received payment from the Defendant of that amount Catchwords: JUDGEMENTS AND ORDERS – declarations – where finding made that plaintiff entitled to be paid for variations – where no amount owing to plaintiff because of payment made by defendant following a determination pursuant to the Building and Construction Industry Security of Payment Act 1999 – whether utility in declaring amount allowed for variations Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Mees v Roads Corporation [2003] FCA 410 Payce Communities Pty Ltd v Canterbury-Bankstown Council [2021] NSWSC 331 Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWSC 404 Payce Communities Pty Ltd v Canterbury-Bankstown Council (No 3) [2021] NSWSC 464 Warramunda Village Inc v Pryde (2001) 105 FCA 437; [2001] FCA 61 Category: Consequential orders Parties: Payce Communities Pty Limited (Plaintiff) Canterbury-Bankstown Council (Defendant) Representation: Counsel: Mr M Sheldon (Plaintiff) Mr B De Buse (Defendant)