Estate Property Holdings Pty. Limited v. Barclay Mowlem Construction Limited [2004] NSWCA 393

Reported Decision : 61 NSWLR 515

New South Wales Court of Appeal

CITATION : Estate Property Holdings Pty. Limited v. Barclay Mowlem Construction Limited [2004] NSWCA 393 HEARING DATE(S) : 13 October 2004 JUDGMENT DATE : 3 November 2004

JUDGMENT OF : Mason P at 1; Giles JA at 2; Hodgson JA at 3 DECISION : Appeal dismissed with costs.

CATCHWORDS : BUILDING AND CONSTRUCTION - Progress payments - Building and Construction Industry Security of Payment Act - Progress claim - Meaning of "construction work to which the claim relates" - Whether it is the work required by the contract, the work for which payment is claimed, or each item of work for which payment is claimed LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 (NSW) ss.8, 13-15, 20 CASES CITED : Leighton Contractors Pty. Limited v. Campbelltown Catholic Club Limited [2003] NSWSC 1103 PARTIES : Estate Property Holdings Pty. Limited - appellant Barclay Mowlem Construction Limited - respondent FILE NUMBER(S) : CA 40600/04 COUNSEL : Mr. B. Coles QC with Mr. M. Ashhurst for appellant Mr. M. Rudge SC with D. Meltz for respondent SOLICITORS : Church & Grace, Sydney for appellant Baker & McKenzie, Sydney for respondent

LOWER COURT Supreme Court - Equity Division JURISDICTION : LOWER COURT ED55042/04 FILE NUMBER(S) : LOWER COURT Einstein J JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40600/04 ED 55042/04

MASON P GILES JA HODGSON JA