NSW Caselaw
New South Wales Court of Appeal
CITATION: Falgat Constructions Pty. Limited v. Equity Australia Corporation Pty. Limited [2006] NSWCA 259 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 5 September 2006
JUDGMENT DATE: 19 September 2006
JUDGMENT OF: Handley JA at 1; Hodgson JA at 2; Hunt AJA at 65
DECISION: 1. Appeal dismissed. 2. Falgat to pay Equity's costs of the application for leave and appeal.
CATCHWORDS: BUILDING AND ENGINEERING CONTRACTS - Progress payments - Payment claims - Whether successive payment claims, claiming the same amount, can be served - Payment schedules - Time limit for provision of payment schedules - Whether adjudication application can be made if payment schedule provided outside the time limit - Whether s.109X of the Corporations Act 2001 (Cth) applies to provision of payment schedule to a corporation - Effect of s.29 of the Acts Interpretation Act 1901 (Cth) - Whether "provide" means anything different from "serve" in the Building & Construction Industry Security of Payment Act 1999, and is governed by s.31 of that Act.
Acts Interpretation Act 1901 (Cth), s.29 LEGISLATION CITED: Building Construction Industry Security of Payment Act 1999 (NSW), SS.13, 14, 15, 17 and 31 Corporations Act 2001 (Cth), s.109X Evidence Act 1995 (NSW), s.160
Brodyn Pty. Limited v. Davenport [2004] NSWCA 394, (2004) 61 NSWLR 421 Emag Constructions Pty. Limited v. Highrise Concrete Contractors (Australia) Pty. Limited [2003] NSWSC 903 Howship Holdings Pty. Limited v. Leslie (1996) 41 NSWLR 542 Inasmuch Community Inc. v. Bright [2006] NSWCA 99 CASES CITED: Mohamed v. Farah [2004] NSWSC 482 Nair v. Minister for Immigration & Multicultural Affairs [2000] FCA 1305 Pacific General Securities Limited v. Soliman & Sons Pty. Limited [2005] NSWCA 378 Taylor Projects Group Pty. Limited v. Brick Department Pty. Limited [2005] NSWSC 439 The Guardian of the Parish of Brighton v. The Guardians of Strand Union [1891] 2 QB 156
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