Central Projects Pty Ltd v Davidson [2018] NSWSC 523

Supreme Court New South Wales

Medium Neutral Citation: Central Projects Pty Ltd v Davidson [2018] NSWSC 523 Hearing dates: 17 April 2018 Decision date: 30 April 2018 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) Judgment for the plaintiff in the sum of $1,245,166.67. (2) The defendant pay the plaintiff's costs of the proceedings. (3) Liberty to apply on 14 days' notice to vary order (2). Such liberty may be exercised by contacting the Associate of Ball J to relist the matter at a time convenient to the parties. Catchwords: BUILDING AND CONSTRUCTION – Progress payments – Effect of omission of information from a supporting statement under Building and Construction Industry Security of Payment Act 1999 (NSW) s 13(9) – Effect of failure to serve a supporting statement under Building and Construction Industry Security of Payment Act 1999 (NSW) s 13(7) Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Building and Construction Industry Security of Payment Amendment Act 2013 (NSW) Building and Construction Industry Security of Payment Regulation 2008 (NSW) Interpretation Act 1987 (NSW) Oaths Act 1900 (NSW) Cases Cited: Duffy Kennedy Pty Ltd v Lainson Holdings Pty Ltd [2016] NSWSC 371 Kitchen Xchange v Formacon Building Services [2014] NSWSC 1602 Kyle Bay Removals Pty Ltd v Dynabuild Project Services Pty Ltd [2016] NSWSC 334 The Trustees of the Roman Catholic Church for the Diocese of Lismore v T F Woollam and Son [2012] NSWSC 1559 Texts Cited: NSW, Independent Inquiry into Construction Industry Insolvency in NSW, Final Report, (November 2012) New South Wales Legislative Council, Parliamentary Debates (Hansard), 12 November 2013 Category: Principal judgment Parties: Central Projects Pty Ltd ABN 99 078 489 291 (Plaintiff) Stephen D Davidson ABN 17 979 273 632 (Defendant) Representation: Counsel: I Roberts SC with M Sheldon (Plaintiff) S Robertson (Defendant)