Bettar Holdings Pty Ltd trading as Hunt Collaborative v RWC Brookvale Investments Pty Ltd as trustee for Brookvale Development Trust [2025] NSWDC 11

District Court New South Wales

Medium Neutral Citation: Bettar Holdings Pty Ltd trading as Hunt Collaborative v RWC Brookvale Investments Pty Ltd as trustee for Brookvale Development Trust [2025] NSWDC 11 Hearing dates: 6 November 2024 Date of orders: 12 February 2025 Decision date: 12 February 2025 Jurisdiction: Civil Before: Cole DCJ Decision: (1) The plaintiff's claim is dismissed. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Security of Payment Act 1999 – whether there was a construction contract between the parties - characteristics of a payment claim – service of a payment claim Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Cases Cited: BSA Advanced Property Solutions (Fire) Pty Ltd v Ventia Australia Pty Ltd (2022) 108 NSWLR 350 Crown Green Square Pty Ltd v Transport for NSW [2021] NSWSC 1557 Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019] NSWSC 685 Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140 Nepean Engineering Pty Ltd v Total Process Services Pty Ltd (in Liq) [2005] NSWCA 409; (2005) 64 NSWLR 462 Probuild Constructions (Australia) Pty Ltd v DDI Group Pty Ltd (2017) 95 NSWLR 82 Quasar Constructions NSW Pty Ltd v Demtech Pty Ltd [2004] NSWSC 116 Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd (2016) 260 CLR 340; [2016] HCA 52 Texts Cited: JW Carter Contract Law in Australia 8th Edition 2023 Category: Principal judgment Parties: Bettar Holdings Pty Limited trading as Hunt Collaborative (Plaintiff) RWC Brookvale Investments Pty Ltd as trustee for Brookvale Development Trust (Defendant) Representation: Counsel: D Byrne (Plaintiff) M Martin KC (Defendant)