Ampcontrol SWG Pty Limited -v- Gujarat NRE Wonga Pty Limited (formerly Gujarat NRE FCGL Pty Limited) [2013] NSWSC 707

Supreme Court New South Wales

Medium Neutral Citation: Ampcontrol SWG Pty Limited -v- Gujarat NRE Wonga Pty Limited (formerly Gujarat NRE FCGL Pty Limited) [2013] NSWSC 707 Hearing dates: 29 May 2013 Decision date: 03 June 2013 Jurisdiction: Equity Division - Technology and Construction List Before: Hammerschlag J Decision: Judgment for the plaintiff Catchwords: Building and Construction Industry - Building and Construction Industry Security of Payment Act - Where claimant serves a payment claim for a progress payment which does not disclose the precise contractual provisions relied. Where defendant fails to serve a payment schedule and then opposes judgment being entered on the basis that the terms of the contract do not entitle the plaintiff to the progress payment claimed - sufficient for the plaintiff to make a claim - defendant could raise the contractual issue in a payment schedule or adjudication response but is not entitled to do so now Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Isis Projects v Clarence Street [2004] NSWSC 714 Consolidated Constructions v Ettamogah Pub [2004] NSWSC 110 Category: Principal judgment Parties: Ampcontrol SWG Pty Limited ACN 001 737 533 - Plaintiff Gujarat NRE Wonga Pty Limited ACN 111 928 762 - Defendant Representation: Counsel: D.S. Weinberger - Plaintiff B.J. Gillard (Solicitor) - Defendant Solicitors: Ampcontrol Pty Ltd - Plaintiff Gillard Consulting Lawyers - Defendant File Number(s): 2013/54853