Illawarra Retirement Trust v Denham Constructions Pty Ltd [2015] NSWSC 823

Supreme Court New South Wales

Medium Neutral Citation: Illawarra Retirement Trust v Denham Constructions Pty Ltd [2015] NSWSC 823 Hearing dates: 23 June 2015 Date of orders: 25 June 2015 Decision date: 25 June 2015 Before: Darke J Decision: Summons dismissed. Costs reserved. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) – validity of payment claim – whether reference date available for claim – reference date arises on last business day of month – whether contract terminated before last business day of month – construction of notice of termination – whether subsequent agreement as to when termination would take effect – whether inclusion of item concerning amount of security called upon by principal invalidates payment claim Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) ss 8, 13(3)(b), 22 Cases Cited: Associated Beauty Aids Pty Ltd v Federal Commissioner of Taxation (1965) 113 CLR 662 Chief Commissioner of Land Tax v Macary Manufacturing Pty Ltd [1999] NSWCA 471; (1999) 48 NSWLR 299 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 42 Hughes v NM Superannuation Pty Ltd (1993) 29 NSWLR 653 Category: Principal judgment Parties: Illawarra Retirement Trust (plaintiff) Denham Constructions Pty Ltd (defendant) Representation: Counsel: M Christie SC, B Michael (plaintiff) M Dempsey SC, D Macfarlane (defendant)

Solicitors: K&L Gates (plaintiff) Crisp Legal (defendant) File Number(s): 2015/176053 Publication restriction: Nil.