Watpac Constructions (NSW) Pty Limited v Charter Hall Funds Management Limited [2017] NSWSC 865

Supreme Court New South Wales

Medium Neutral Citation: Watpac Constructions (NSW) Pty Limited v Charter Hall Funds Management Limited [2017] NSWSC 865 Hearing dates: 19/06/2017, 20/06/2017 Date of orders: 30 June 2017 Decision date: 30 June 2017 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Plaintiff to have judgment for amount claimed and interest. Parties to bring in draft orders. Catchwords: BUILDING AND CONSTRUCTION – validity of payment claim – object and application of the Building and Construction Industry Security of Payment Act 1999 (NSW), s 13 – where construction work identifiable – where there was an available reference date – BUILDING AND CONSTRUCTION – whether estoppel defence available – where plaintiff did not influence defendant's understanding or actions – BUILDING AND CONSTRUCTION – CONSUMER LAW – whether misleading and deceptive conduct defence available – where plaintiff did not influence defendant's understanding or actions Legislation Cited: Building and Construction Industry Payments Act 2004 (Qld) Building and Construction Industry Security of Payment Act 1999 (NSW) Building and Construction Industry Security of Payment Amendment Act 2013 (NSW) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Cases Cited: Baxbex Pty Ltd v Bickle [2009] QFC 194 Clarence Street Pty Ltd v ISIS Projects Pty Ltd (2005) 64 NSWLR 448 Coordinated Construction Co Pty Ltd v Climatech (Canberra) Pty Ltd (2005) 21 BCL 364 Hawkins Construction (Australia) Pty Ltd v Mac's Industrial Pipework Pty Ltd [2002] NSWCA 136 Leighton Contractors Pty Limited v Campbelltown Catholic Club Limited [2003] NSWSC 1103 Miller and Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited (2010) 241 CLR 357 Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140 Nepean Engineering Pty Ltd v Total Process Services Pty Ltd (In Liq) (2005) 64 NSWLR 462 Neumann Contractors Pty Ltd v Peet Beachton Syndicate Limited [2009] QSC 376 Pyneboard Pty Ltd v Trade Practices Commission Southern Han Breakfast Point Pty Ltd (In Liq) v Lewence Construction Pty Ltd (1982) 57 FLR 368 Walter Construction Group Ltd v CPL (Surry Hills) Pty Ltd [2003] NSWSC 266 Category: Principal judgment Parties: Watpac Construction (NSW) Pty Limited (Plaintiff) Charter Hall Funds Management Limited (First Defendant) Charter Hall Investment Management Limited (Second Defendant) Representation: Counsel: S Robertson (Plaintiff) S R Donaldson SC / S T Richardson (Defendants)