Lifestyle Retirement Projects No 2 v Parisi Homes [2005] NSWSC 705

New South Wales Supreme Court

Lifestyle Retirement Projects No 2 v Parisi Homes [2005] NSWSC 705 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11 July 2005

JUDGMENT DATE : 11 July 2005

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Question of law decided. Service of payment claim within 12 months after construction work to which claim relates was last carried out not a "basic and essential requirement" for validity of payment claim. Statutory demand not set aside.

CATCHWORDS : CORPORATIONS - winding up - whether bona fide dispute exists as to existence of debt - appropriateness of deciding legal question on which the alleged dispute depends - CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - remuneration - payment claim under Building and Construction Industry Security of Payments Act 1999 - whether service of Payment Claim within 12 months after construction work was last carried out is a "basic and essential requirement" to validity of an adjudication determination

Building and Construction Industry Security of Payment Act 1999 LEGISLATION CITED : Corporations Act 2001 (Cth)

Brodyn Pty Limited t/as Time Cost and Quality v Davenport (2004) 61 NSWLR 421 Delnorth Pty Ltd v State Bank (NSW) (1995) 17 ACSR 379 CASES CITED : Minister for Commerce (formerly Public Works and Services) v Contrax Plumbing (NSW) Pty Ltd [2005] NSWCA 142 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Transgrid v Siemens Limited (2004) 61 NSWLR 521

Lifestyle Retirement Projects No 2 Pty Limited - Plaintiff PARTIES : Parisi Homes Pty Limited - Defendant