Piety Constructions Pty Ltd v Hville FCP Pty Ltd [2022] NSWSC 1318

Supreme Court New South Wales

Medium Neutral Citation: Piety Constructions Pty Ltd v Hville FCP Pty Ltd [2022] NSWSC 1318 Hearing dates: 21 September 2022 Date of orders: 29 September 2022 Decision date: 29 September 2022 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Summons dismissed Catchwords: BUILDING AND CONSTRUCTION – where payment schedule under Building and Construction Industry Security of Payment Act 1999 (NSW) served using Procore electronic information exchange system – whether provision in building contract concerning electronic service of documents engaged – whether payment schedule provided within 10 day limit in s 14 of the Act – whether electronic service deemed to occur at 9.30am on day following electronic receipt – where developer had actual notice of payment schedule on the evening of receipt – whether plaintiff builder entitled to recover claimed amount under s 15 of the Act Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Corporations Act 2001 (Cth) Electronic Transactions Act 2000 (NSW) Cases Cited: All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd [2017] NSWCA 289 APN Funds Management Limited v Australian Property Investment Strategic Pty Ltd [2013] VSCA 239 BCS Infrastructure Support Pty Ltd v Jones Lang Lasalle (NSW) Pty Ltd [2020] VSC 739 Falgat Constructions Pty Limited v Equity Australia Corporation Pty Limited [2006] NSWCA 259 Pacific General Securities Ltd & Anor v Soliman & Sons Pty Ltd & Ors [2005] NSWSC 378 QC Communications NSW Pty Ltd v CivComm Pty Ltd [2016] NSWSC 1095 Category: Principal judgment Parties: Piety Constructions Pty Ltd (Plaintiff) Hville FCP Pty Ltd (Defendant) Representation: Counsel: D S Weinberger (Plaintiff) M Sheldon (Defendant)