NSW Caselaw
New South Wales Supreme Court
CITATION : Zebicon Pty Ltd v Remo Constructions Pty Ltd [2008] NSWSC 1408
HEARING DATE(S) : 24 December 2008 JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 24 December 2008
DECISION : See paras [48] and [49] of the judgment.
CATCHWORDS : BUILDING AND CONSTRUCTION - payment claim - served by fax - evidence that recipient machine faulty - whether payment claim "received"
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 Evidence Act 1995
Blatch v Archer (1774) 1 Cowp 63 Brookhollow Pty Ltd v R and R Consultants Pty Ltd [2006] NSWSC 1 Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd [2006] NSWCA 259 CASES CITED : Firedam Civil Engineering v KJP Construction [2007] NSWSC 1162 Hampton Court Limited v Crookes (1957) 97 CLR 367 Swain v Waverley Municipal Council (29005) 220 CLR 517 Taylor Project Group Pty Ltd v Brick Dept Pty Ltd [2005] NSWSC 439
PARTIES : Zebicon Pty Limited (Plaintiff) Remo Constructions Pty Limited (Defendant)
FILE NUMBER(S) : SC 55102/08
COUNSEL : M G Rudge SC (Plaintiff) F P Hicks (Defendant)
SOLICITORS : Colin Biggers & Paisley (Plaintiff) Blackstone Waterhouse Lawyers (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY & CONSTRUCTION LIST
McDOUGALL J
24 December 2008 (ex tempore – revised 24 December 2008)
55102/08 ZEBICON PTY LTD v REMO CONSTRUCTIONS PTY LTD JUDGMENT 1 HIS HONOUR: The plaintiff (Zebicon) and the defendant (Remo) are parties to a construction contract made about 28 February 2008. Zebicon served a payment claim, known as payment claim 11, in July 2008. Remo provided a payment schedule in response in August 2008. The questions for preliminary decision are:
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