Isis Projects v Clarence Street [2004] NSWSC 714

New South Wales Supreme Court

CITATION : Isis Projects v Clarence Street [2004] NSWSC 714 HEARING DATE(S) : 5 July 2004 JUDGMENT DATE : 13 August 2004

JURISDICTION: Equity Division Technology and Construction List JUDGMENT OF : McDougall J DECISION : See paras [68] and [69] of judgment

CATCHWORDS : BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - where defendant paid part of one progress claim and none of another - whether plaintiff entitled to recover amounts unpaid as a debt - where progress claims identified work by single line item references - whether progress claims identified the construction work to which they related - requirement in s 13(2)(a) that a payment claim identify the construction work to which the payment relates - where defendant did not object to form of payment claim on eleven prior occasions - where contractual clause requiring payment claim to be suported by evidence - whether progress claims suported by sufficient evidence - where defendant had not provided payment schedule or paid whole or part of claimed amount by due date - application of s 15(4)(b)(ii). LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 Building and Construction Industry Security of Payment Amendment Act 2002 (NSW) Parist Holdings Pty Ltd v W T Partnership Australia Pty Ltd [2003] NSWSC 365 Leighton Contractors Pty Ltd v Campbelltown Catholic Club Ltd [2003] NSWSC 1103 Multiplex Constructions Pty Ltd v Luikens & Anor [2003] NSWSC 1140 Jemzone v Trytan [2002] NSWSC 395 CASES CITED : Walter Construction Group Ltd v CPL (Surry Hills) Pty Ltd [2003] NSWSC 266 Hawkins Construction (Aust) Pty Ltd v Mac's Industrial Pipework Pty Ltd [2002] NSWSC 136 Isis v Clarence [2004] NSWSC 73 Isis Projects Pty Ltd v Clarence Street Ltd [2004] NSWSC 222 Consolidated Constructions Pty Ltd v Ettamogah Pub [2004] NSWSC 110 PARTIES : Isis Projects Pty Ltd (Plaintiff) Clarence Street Pty Ltd (Defendant) FILE NUMBER(S) : SC 55032/03 COUNSEL : R J Powell SC/ M R Elliott (Plaintiff) F C Corsaro SC/ M H Southwick (Defendant) SOLICITORS : Turtons Lawyers (Plaintiff) Watson Mangioni (Defendant)