Lamio Masonry Services Pty Ltd v TP Projects Pty Ltd [2015] NSWSC 127

Supreme Court New South Wales

Medium Neutral Citation: Lamio Masonry Services Pty Ltd v TP Projects Pty Ltd [2015] NSWSC 127 Hearing dates: 25 February 2015 Decision date: 27 February 2015 Jurisdiction: Equity Division - Technology and Construction List Before: Ball J Decision: Summons dismissed with costs. Catchwords: Building and Construction – Validity of payment claims under Building and Construction Industry Security of Payment Act 1999 (NSW) – Whether payment claims were valid payment claims for the purposes of s 13(2) of the Act

Building and Construction – Natural justice – Whether payment claims contained sufficient information so as not to deny natural justice Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190; (2010) 78 NSWLR 393 Clarence Street Pty Ltd v Isis Projects Pty Ltd [2005] NSWCA 391; (2005) 64 NSWLR 448 Clyde Bergemann v Varley Power [2011] NSWSC 1039 Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140 Nepean Engineering Pty Ltd v Total Process Services Pty Ltd (In Liq) [2005] NSWCA 409 Northbuild Constructions P/L v Central Interior Linings P/L [2011] QCA 22; [2012] 1 Qd R 525 Category: Principal judgment Parties: Lamio Masonry Services Pty Ltd (Plaintiff) TP Projects Pty Ltd (First Defendant) Max Tonkin (Second Defendant) Representation: Counsel:

F Corsaro SC (Plaintiff) RC Gration (First Defendant)