Hynash Constructions Pty Ltd v BRP Industries Pty Ltd [2025] NSWCA 14

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hynash Constructions Pty Ltd v BRP Industries Pty Ltd [2025] NSWCA 14 Hearing dates: 13 February 2025 Decision date: 19 February 2025 Before: Bell CJ at [1] Adamson JA at [2] Basten AJA at [47] Decision: (1) To the extent required, refuse leave to appeal. (2) If leave is not required, dismiss the appeal. (3) Order the applicant/appellant to pay the respondent's costs. Catchwords: APPEALS — application for leave to appeal — where applicant sought reduction of amount in payment claim served by respondent on account of an upfront payment made before the payment claim was served — whether defence alleging upfront payment as reduction was a defence prohibited by Building and Construction Industry Security of Payment Act 1999 (NSW), s 15(4)(b)(ii) or whether it raised a matter which was required to be taken into account to determine the unpaid portion of the claimed amount — leave, if required, refused — otherwise appeal dismissed Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), ss 3, 4, 13, 14, 15, 16, 17, 20, 22, 23 District Court Act 1973 (NSW), s 127 Trade Practices Act 1974 (Cth), s 52 Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd (2006) 67 NSWLR 9; [2006] NSWCA 238 Cheng v Motor Yacht Sales Australia Pty Ltd (t/as Boutique Boat Company) (2002) 108 NSWLR 342; [2022] NSWCA 118 Dualcorp Pty Ltd v Remo Constructions Pty Ltd (2009) 74 NSWLR 190; [2009] NSWCA 69 Grave v Blazevic Holdings Pty Ltd (2010) 79 NSWLR 132; [2010] NSWCA 324 Kennedy Civil Contracting Pty Ltd (subject to deed of company arrangement) v Linx Constructions Pty Ltd [2024] NSWCA 243 Kennedy Civil Contracting Pty Ltd (subject to deed of company arrangement) v Linx Constructions Pty Ltd [2024] NSWSC 366 Category: Principal judgment Parties: Hynash Constructions Pty Ltd (Applicant) BRP Industries Pty Ltd (Respondent) Representation: Counsel: D Byrne / A Sivanathan (Applicant) M Sheldon / R Harvey (Respondent)