Isis Projects Pty Limited v Clarence Street Limited [2004] NSWSC 222

New South Wales Supreme Court

CITATION : Isis Projects Pty Limited v Clarence Street Limited [2004] NSWSC 222 HEARING DATE(S) : 23/03/04, 24/03/04 JUDGMENT DATE : 29 March 2004

JURISDICTION: Equity Division Technology and Construction List JUDGMENT OF : Einstein J DECISION : Appeal to be dismissed on the bringing in of short minutes of order

CATCHWORDS : Contract - Building and Construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - Amendments effected by the Building and Construction Industry Security of Payment Amendment Act 2002 - Whether following amending legislation the Act requires the respondent upon receiving a payment claim to set out any objection it may have to the claim (whether it be an objection arising out of the contract or otherwise) in a payment schedule, failing which the respondent is liable to pay the claim whether or not the claimant be in fact entitled to the progress payment - Application for summary judgment - Whether General Steel principles apply upon an application for summary judgment pursued by reference to the Building and Construction Industry Security of Payment Act 1999 where the parties final rights are reserved LEGISLATION CITED : Building and Construction Industry Security of Payment Amendment Act 2002. Building and Construction Industry Security of Payments Act 1999 (NSW) Brewarrina Shire Council v Beckhaus Civil Pty Ltd (2003) 56 NSWLR 576 Brimson v Rocla Concrete Pipes Limited [1982] 2 NSWLR 937 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Hession v Century 21 South Pacific Limited (In Liquidation) (1992) 28 NSWLR 120 House v R (1936) 55 CLR 499 Pannizutti v Trask (1987) 10 NSWLR 531 Rajski v Powell (1987) 11 NSWLR 522 PARTIES : Isis Projects Pty Limited (Plaintiff) Clarence Street Limited (Defendant) FILE NUMBER(S) : SC 55032/03 COUNSEL : Mr R J Powell SC, Mr Elliott (Plaintiff) Mr RJH Darke SC, Mr M Southwick (Defendant) SOLICITORS : Turtons Lawyers (Plaintiff) Watson Mangioni (Defendant)