Midcoast County Council trading as Midcoast Water v Reed Constructions Australia Pty Ltd [2011] NSWCA 268

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Midcoast County Council trading as Midcoast Water v Reed Constructions Australia Pty Ltd [2011] NSWCA 268 Hearing dates: 11 August 2011 Decision date: 09 September 2011 Before: Beazley JA at [1] Basten JA at [2] Meagher JA at [3] Decision: (1)Appeal dismissed. (2)Appellant to pay the Respondent's costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TRADE PRACTICES - misleading or deceptive conduct - proceedings for payment of progress claim pursuant to s 13 of the Building and Construction Industry Security of Payments Act 1999 - whether appellant was misled in failing to serve in time a payment schedule under s 14 of the Act - whether findings of the primary judge supported by the weight of the evidence - whether primary judge considered irrelevant matters. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Trade Practices Act 1974 (Cth) Cases Cited: Argy v Blunts & Lane Cove Real Estate Pty Ltd (1990) 26 FCR 112 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2006] NSWCA 238; (2006) 67 NSWLR 9 Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; (2004) 218 CLR 592 Devries v Australian National Railways Commission [1993] HCA 78; (1993) 177 CLR 472 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Jones v Hyde [1989] HCA 20; (1989) 63 ALJR 349 Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd [2010] HCA 31; (2010) 241 CLR 357 Category: Principal judgment Parties: Midcoast County Council trading as Midcoast Water (Appellant) Reed Constructions Australia Pty Limited (Respondent) Representation: F Corsaro SC; M Galvin (Appellant) B DeBuse (Respondent) Stacks/Forster (Appellant) HWL Ebsworth Lawyers (Respondent) File Number(s): CA 2010/155800 Decision under appeal Citation: Reed Constructions Australia Limited v Mid Coast County Council trading as Midcoast Water [2010] NSWSC 1250 Date of Decision: 2010-10-29 00:00:00 Before: Einstein J File Number(s): SC 2010/155800