SMLXL Projects Pty Limited v RIIS Retail A/S [2017] NSWDC 131

District Court New South Wales

Medium Neutral Citation: SMLXL Projects Pty Limited v RIIS Retail A/S [2017] NSWDC 131 Hearing dates: 5 May 2017, 24 May 2017 Date of orders: 31 May 2017 Decision date: 31 May 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Summary judgment for the plaintiff on its Notice of Motion filed on 28 February 2017 under Part 13, Rule 1 of the Uniform Civil Procedure Rules in relation to the Pitt Street payment claim and the Barangaroo payment claim; (2) The application in the Notice of Motion in relation to the alleged T2 payment claim is dismissed; (3) The parties are to bring in short minutes of order within seven days reflecting the amounts in the Statement of Claim for the Pitt Street and Barangaroo payment claims together with any relevant interest; (4) I will hear the parties on costs; (5) Exhibits to be returned after 28 days. Catchwords: Building and construction – summary judgment application - Building and Construction Industry Security of Payment Act 1999 – whether proper detail of work included in a payment claim to comply with section 13(2)(a) - relevance of background knowledge of the recipient of a payment claim - whether need to show contract or agreement to a sum for the building works or a mechanism to establish a sum before the issue of a payment claim –– whether agreement to alleged variations established Legislation Cited: Uniform Civil Procedure Rules Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Alan Conolly v Commercial Indemnity [2005] NSWSC 339 Ampcontrol SWG Pty Ltd v Gujarat NRE Wonga Pty Ltd [2013] NSWSC 707 Ardnas (No 1) Pty Ltd v J Group (Aust) Pty Ltd [2012] NSWSC 805 Batistatos V RTA (2006) 266 CLR 256 BHW Solutions Pty Ltd v Altitude Constructions Pty Ltd [2012] QSC 214 Brookhollow Pty Ltd v R & R Consultants Pty Ltd [2006] NSWSC 1 Consolidated Constructions Pty Ltd v Ettamogah Pub (Rouse Hill) Pty Ltd [2004] NSWSC 110 Cranbrook School v J A Bradshaw Civil Contracting [2013] NSWSC 430 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125 Isis Projects Pty Ltd v Clarence Street Pty Ltd [2004] NSWSC 714 IWD No 2 Pty Ltd v Level Orange Pty Ltd [2012] NSWSC 1439 J Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126 John Holland Pty Ltd v Coastal Dredging & Construction Pty Ltd [2012] QCA 150 Leighton v Arogen [2012] NSWSC 1323 Machkevitch v Andrew Building Constructions [2012] NSWSC 546 Nepean Engineering Pty Ltd v Total Process Services Pty Ltd (In Liq) [2005] NSWCA 409 Okaroo Pty Ltd v Vos Construction and Joinery Pty Ltd [2005] NSWSC 45 Rojo Building Pty Ltd v Jillcris Pty Ltd [2006] NSWSC 309 Southern Han Breakfast Point Pty Ltd (in liquidation) v Lewence Construction Pty Ltd [2016] HCA 52 Spencer v Commonwealth [2010] HCA 28 Tailored Projects Pty Ltd v Jedfire Pty Ltd [2009] QSC 32 Category: Principal judgment Parties: Keystone Lawyers (Plaintiff) Somerset Ryckmans (Defendant) Representation: C Mobellan (Plaintiff) M Rosenblatt (Defendant) File Number(s): 2017/00051328