Lords Property Group Pty Ltd v Shire Lind Developments (NSW) Pty Ltd [2019] NSWSC 1818

Supreme Court New South Wales

Medium Neutral Citation: Lords Property Group Pty Ltd v Shire Lind Developments (NSW) Pty Ltd [2019] NSWSC 1818 Hearing dates: 11 December 2019 Decision date: 11 December 2019 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) Judgment be entered in favour of the plaintiff in the sum of $1,511,244.06; and

(2) The defendant pay the plaintiff's costs. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) – progress payment claims under section 13 of the legislation – recovery of amounts in respect of those payment claims – purported defence based on terms of construction contract – section 16(4)(b) of legislation disentitles defendant to bring defence based on terms of relevant construction contract – no defence to plaintiff's claim – no issue of principle CIVIL PROCDEDURE – Appearances – multiple applications for adjournments – failure by defendant to appear at final hearing – ample opportunity for defendant to obtain legal representation and advice – defendant made aware of time and place of final hearing – hearing to proceed in absence of defendant Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Category: Principal judgment Parties: Lords Property Group Pty Ltd (Plaintiff) Shire Lind Developments (NSW) Pty Ltd (Defendant) Representation: Counsel: J Adamopoulos (Plaintiff) No Appearance (Defendant)

Solicitors: Madison Marcus (Plaintiff) No Appearance (Defendant) File Number(s): 2019/266756