Keegan v Ballast Point Pty Ltd [2022] NSWCA 179

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Keegan v Ballast Point Pty Ltd [2022] NSWCA 179 Hearing dates: 31 August 2022 Date of orders: 13 September 2022 Decision date: 13 September 2022 Before: Meagher JA at [1]; Brereton JA at [57]; Kirk JA at [58] Decision: Appeal dismissed with costs. Catchwords: BUILDING AND CONSTRUCTION – residential building contract – where general conditions of contract provided for making by builder of monthly payment claims – where special conditions appointed architect to administer contract on owner's behalf, including by assessing and certifying builder's payment claims – whether owner's obligation to pay and builder's entitlement to payment only in respect of amounts certified as due and payable by architect Cases Cited: Beaufort Developments (NI) Ltd v Gilbert-Ash NI Ltd [1999] 1 AC 266 Costain Building and Civil Engineering Ltd v Scottish Rugby Union plc (1994) 69 BLR 80 Dixon v South Australian Railways Commissioner (1923) 34 CLR 71; [1923] HCA 45 Dunlop & Ranken Ltd v Hendall Steel Structures Ltd [1957] 1 WLR 1102 Glynn v Margetson & Co [1893] AC 351 Henry Boot Construction Ltd v Alstom Combined Cycles Ltd [2005] 1 WLR 3850; [2005] EWCA Civ 814 Lubenham Fidelities and Investments Co Ltd v South Pembrokeshire District Council (1986) 33 BLR 39 Northern Regional Health Authority v Derek Crouch Construction Co Ltd [1984] QB 644 Peninsula Balmain Pty Ltd v Abigroup Contractors Pty Ltd [2002] NSWCA 211 Robertson v French (1803) 4 East 130 V601 Developments Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2021] VSC 849 Walton v Illawarra [2011] NSWSC 1188 Wilkie v Gordian Runoff Ltd (2005) 221 CLR 522; [2005] HCA 17 Texts Cited: S Furst and V Ramsey, Keating on Construction Contracts (11th ed, 2021, Sweet & Maxwell) Category: Principal judgment Parties: Richard Keegan (Appellant) Ballast Point Pty Ltd (Respondent) Representation: Counsel: