Sought After Investments Pty Ltd v Unicus Homes Pty Ltd [2019] NSWSC 600

Supreme Court New South Wales

Medium Neutral Citation: Sought After Investments Pty Ltd v Unicus Homes Pty Ltd [2019] NSWSC 600 Hearing dates: 16 May 2019 Decision date: 23 May 2019 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) The proceedings be dismissed.

(2) The sum of $226,038.99 paid into Court on 8 May 2019 be paid to the first defendant.

(3) The plaintiff pay the first defendant's costs of the proceedings. Catchwords: BUILDING AND CONSTRUCTION – payment claims under the Building and Construction Industry Security of Payment Act 1999 (NSW) – adjudication determination – whether multiple payment claims served in respect of one reference date – whether multiple supporting statements issued in respect of one payment claim – whether more than one supporting statement could be provided in respect of a single payment claim Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Alan Conolly & Co v Commercial Indemnity Pty Limited [2005] NSWSC 339 Fernandes Construction Pty Ltd v Tahmoor Coal Pty Ltd (t/as Centennial Coal) [2007] NSWSC 381 Central Projects Pty Ltd v Davidson [2018] NSWSC 523 Duffy Kennedy Pty Ltd v Lainson Holdings Pty Ltd [2016] NSWSC 371 Greenwood Futures Pty Ltd v DSD Builders Pty Ltd [2018] NSWSC 1407 Hill as Trustee for the Ashmore Superannuation Benefit Fund v Halo Architectural Design Services Pty Ltd [2013] NSWSC 865 Kitchen Xchange v Formacon Building Services [2014] NSWSC 1602 Kyle Bay Removals Pty Ltd v Dynabuild Project Services Pty Ltd [2016] NSWSC 334 Leighton v Arogen [2012] NSWSC 1323 Category: Principal judgment Parties: Sought After Investments Pty Ltd (ABN 21 103 221 745) (Plaintiff) Unicus Homes Pty Ltd (ABN 33 105 814 631) (First Defendant) Kevin Moore (Second Defendant) (Submitting Appearance) Representation: Counsel: GA Sirtes SC with B Le Plastrier (Plaintiff) DP O'Connor (First Defendant)