CLARENCE STREET PTY LTD v ISIS PROJECTS PTY LTD [2005] NSWCA 391

Reported Decision : 64 NSWLR 448

New South Wales Court of Appeal

CLARENCE STREET PTY LTD v ISIS PROJECTS PTY LTD [2005] NSWCA 391 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 21 September 2005

JUDGMENT DATE: 16 November 2005

JUDGMENT OF: Mason P at 1; Giles JA at 65; Santow JA at 66

DECISION: Appeal dismissed with costs.

CATCHWORDS: CONSTRUCTION CONTRACTS – payment claims to progress payments – payment schedules – ss 13, 14, 15 Building and Construction Industry Security of Payment Act 1999 – statutory debt – failure to identify the construction work to which the claimed progress payment relates – function of a payment claim – interpretation of s13(2)(a) – due date for progress payments – reference date – express provision – whether payment claim must meet contractual requirements for payment to be due – prohibition in s15(4)(b)(ii). (D)

LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999

Brewarrina Shire Council v Beckhause Civil Pty Ltd (2003) 56 NSWLR 576 Hawkins Construction (Aust) Pty Ltd v Mac's Industrial Pipework Pty Ltd [2002] NSWCA 136 Isis Projects Pty Ltd v Clarence Street Pty Ltd [2004] NSWSC 714 Multiplex Constructions Pty Ltd v Luikens & Anor [2003] NSWSC 1140 CASES CITED: Pyneboard Pty Ltd v Trade Practices Commission (1982) 39 ALR 565 Quasar Constructions NSW Pty Ltd v Demtech Pty Ltd [2004] NSWSC 116 Rose v Hvric (1963) 108 CLR 353 Walter Construction Group Ltd v CPL (Surry Hills) Pty Ltd [2003] NSWSC 266

CLARENCE STREET PTY LTD PARTIES: ISIS PROJECTS PTY LTD