All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd [2017] NSWCA 289

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd [2017] NSWCA 289 Hearing dates: 26 October 2017 Decision date: 10 November 2017 Before: Leeming and Payne JJA at [1]; White JA at [48] Decision: 1. Grant leave to appeal. 2. The applicant to file a notice of appeal in the form of the draft in the White Folder, and otherwise dispense with the requirements of service. 3. Appeal dismissed with costs. Catchwords: BUILDING AND CONSTRUCTION – contractor served claim under Building and Construction Security of Payment Act 1999 (NSW) – claim filed before reference date – whether claim valid – whether clause in building contract deemed claim to have been served on reference date Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8, 13, 14, 15, 16, 17, 22, 25, 31, 32, 34 Supreme Court Act 1970 (NSW), s 101 Cases Cited: Abergeldie Contractors Pty Ltd v Fairfield City Council [2017] NSWCA 113 Carr v Western Australia (2007) 232 CLR 138; [2007] HCA 47 Coleman v Power (2004) 220 CLR 1; [2004] HCA 39 Construction Forestry Mining & Energy Union v Mammoet Australia Pty Ltd (2013) 248 CLR 619; [2013] HCA 36 Felton v Mulligan (1971) 124 CLR 367 at 413; [1971] HCA 39 Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd [2017] NSWCA 53 Lazarus v Independent Commission Against Corruption [2017] NSWCA 37; 341 ALR 483 Muller v Dalgety & Co Ltd (1909) 9 CLR 693; [1909] HCA 67 Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd [2016] HCA 52; 91 ALJR 233 Category: Principal judgment Parties: All Seasons Air Pty Ltd (Applicant) Regal Consulting Services (First Respondent) Melissa McCurdie (Second Respondent) Representation: Counsel: D M Macfarlane (Applicant) S Robertson; M Forgacs (First Respondent)