The Owners Strata Plan 56587 v Consolidated Quality Projects [2009] NSWSC 1476

New South Wales Supreme Court

CITATION : The Owners Strata Plan 56587 v Consolidated Quality Projects [2009] NSWSC 1476

HEARING DATE(S) : 17 December 2009 JURISDICTION : Equity Division Technology & Construction List

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 17 December 2009

DECISION : See paragraph [37] of the judgment.

CATCHWORDS : BUILDING CONTRACTS - Building and Construction Industry Security of Payment Act 1999 (NSW) - progress claim served on superintendent - whether service of progress claim on superintendent that is also a payment claim under the Act constitutes valid service of payment claim on owners corporation for the purpose of s 31 - no stipulation in contract authorising service of payment claim on superintendent on behalf of owners corporation - whether as a matter of practice parties objectively intended that progress claims that are also payment claims under the Act may be delivered as one document to superintendent.

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

CATEGORY : Principal judgment

CASES CITED : Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 Emag Constructions Pty Ltd v Highrise Concrete Contractors (Aust) Pty Ltd [2003] NSWSC 903

PARTIES : The Owners - Strata Plan No. 56587 No. 56587 (Plaintiff) Consolidated Quality Projects Pty Limited (Defendant)

FILE NUMBER(S) : SC 2009/298890

COUNSEL : F C Corsaro SC (Plaintiff) M Dempsey SC (Defendant)

SOLICITORS : Andreones Pty Limited (Plaintiff) Massey Bailey Solicitors & Consultants (Defendant)