John Holland v RTA [2006] NSWSC 874

Reported Decision : 66 NSWLR 624

New South Wales Supreme Court

CITATION : John Holland v RTA [2006] NSWSC 874

HEARING DATE(S) : 14/08/2006

JUDGMENT DATE : 5 September 2006

JURISDICTION : Technology & Construction List

JUDGMENT OF : McDougall J at 1

DECISION : See para [67] of judgment

CATCHWORDS : BUILDING AND CONSTRUCTION - where practical completion achieved - where contract provides for partial release of security at principal's discretion - whether principal entitled to retain all security until amount owing in final payment schedule paid - whether principal has a duty to act in good faith or reasonably - whether principal complied - where contract provides for superintendent's assessment of final claims at expiration of defects liability period - whether void by s 34 of Building and Construction Industry Security of Payment Act 1999

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

Abacus Funds Management v Davenport [2003] NSWSC 1027 at paras [35] to [37] ACA Developments Pty Ltd v Sullivan (2005) 21 BCL 71 CASES CITED : Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2005] NSWCA 248 at para [219] Government Insurance Office of New South Wales v Healey (No 2) (1991) 22 NSWLR 380 Lee v Mallam (1910) 10 SR (NSW) 876 Production Spray Painting and Panel Beating Pty Ltd v Newnham (No 2) (1992) 27 NSWLR 659

PARTIES : John Holland Pty Limited (Plaintiff) Roads and Traffic Authority of New South Wales (Defendant)

FILE NUMBER(S) : SC 55032/06

COUNSEL : B W Collins QC/M Christie/M A Izzo (Plaintiff) J E Sexton SC/R C Scruby (Defendant)