Broadview Windows Pty Ltd v Architectural Project Specialists Pty Ltd [2015] NSWSC 955

Supreme Court New South Wales

Medium Neutral Citation: Broadview Windows Pty Ltd v Architectural Project Specialists Pty Ltd [2015] NSWSC 955 Hearing dates: 9 July 2015 Decision date: 09 July 2015 Jurisdiction: Common Law Before: McDougall J Decision: Summons dismissed with costs. Catchwords: BUILDING AND CONSTRUCTION – whether payment claim is valid – where claimant served two payment claims in relation to the same work, but with different reference dates – whether successive payments claims, claiming the same amount, can be validly served under the Act – application of ss 8(2)(b), 13(4) and 13(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW) Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Building and Construction Industry Security of Payment Amendment Act 2013 (NSW) Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Allpro Building Services v C & V Engineering Services [2009] NSWSC 1247 Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 Chase Oyster Bar v Hamo Industries Pty Ltd (2010) 78 NSWLR 393 Dualcorp Pty Ltd v Remo Constructions Pty Ltd (2009) 74 NSWLR 190 Falgat Constructions Pty Ltd v Equity Australia Corp Pty Ltd (2006) 23 BCLR 292 Grid Projects NSW Pty Ltd v Proyalbi Organic Set Plaster Pty Ltd [2012] NSWSC 1571 Olympia Group Pty Ltd v Tyrenian Group Pty Ltd [2010] NSWSC 319 The Trustees of the Roman Catholic Church for the Diocese of Lismore v F T Woollam & Son [2012] NSWSC 1559 Veer Build Pty Ltd v TCA Electrical and Communication Pty Ltd [2015] NSWSC 864 Rubana Holdings Pty Ltd v 3D Commercial Interiors Pty Ltd [2008] NSWSC 1405 Category: Principal judgment Parties: Broadview Windows Pty Ltd as Trustee for the Aras Trust (Plaintiff) Architectural Project Specialists Pty Ltd (First Defendant) Adjudicate Today Pty Ltd (Second Defendant) John Goggins (Third Defendant) Representation: Counsel: P Rodionoff (Plaintiff) R Green (First Defendant) (Solicitor)