Fernandes Constructions v Tahmoor Coal (trading as Centennial Coal) [2007] NSWSC 381

New South Wales Supreme Court

CITATION : Fernandes Constructions v Tahmoor Coal (trading as Centennial Coal) [2007] NSWSC 381 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 30 March 2007

JUDGMENT DATE : 27 April 2007

JURISDICTION : Technology & Construction List

JUDGMENT OF : McDougall J at [1]

DECISION : See para [42] of judgment

CATCHWORDS : CONSTRUCTION CONTRACT - Building and Construction Industry Security of Payment Act 1999 - payment claim - where tax invoice states that it "is prepared under" the Act - whether tax invoice complies with s 13(2)(c)

LEGISLATION CITED : A New Tax System (Good and Services) Act 1999 Building and Construction Industry Security of Payment Act 1999

Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 Brookhollow Pty Ltd v R & R Consultants Pty Ltd & Anor [2006] NSWSC 1 Jemzone Pty Ltd v Trytan Pty Limited (2002) 42 ACSR 42 CASES CITED : Leighton Contractors Pty Ltd v Campbelltown Catholic Club Limited [2003] NSWSC 1103 Parist Holdings Pty Ltd v WT Partnership Australia Pty Ltd [2003] NSWSC 365 The Council of the Upper Hunter County District v Australian Chilling and Freezing Co Limited (1968) 118 CLR 429 Walter Construction Group Ltd v CPL (Surry Hills) Pty Ltd [2003] NSWSC 266

PARTIES : Fernandes Constructions Pty Ltd (Plaintiff) Tahmoor Coal Pty Ltd (trading as Centennial Coal) (Defendant)

FILE NUMBER(S) : SC 55004/07

COUNSEL : G E Underwood (Plaintiff) G K J Rich (Defendant)