TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 93

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 93 Hearing dates: 21 April 2020 Date of orders: 14 May 2020 Decision date: 14 May 2020 Before: Basten JA at [1]; Meagher JA at [77]; Emmett AJA at [78] Decision: (1) Subject to (2) and to the extent necessary, grant the applicants leave to appeal from the judgment in the Equity Division given on 11 October 2019.

(2) Limit the grant of leave to grounds (1)-(3) set out in the amended draft notice of appeal dated 2 March 2020 and filed in this Court on that date.

(3) Deem the amended draft notice of appeal to be filed pursuant to the grant of leave.

(4) Dismiss the appeal.

(5) Order the applicants/appellants to pay the respondent's costs in this Court. Catchwords: BUILDING AND CONSTRUCTION – claim for progress payment – reference date – whether claim with respect to an available reference date – inclusion of three days' interest accruing after reference date – whether claim invalid – Building and Construction Industry Security of Payment Act 1999 (NSW), ss 13(7) and (8)

BUILDING AND CONSTRUCTION – claim for progress payment – service of claim – supporting statement – requirements for valid supporting statement – consequence of failure to serve valid statement – whether payment claim invalid

BUILDING AND CONSTRUCTION – claim for progress payment – variations – whether sums claimed under the contract or for quantum meruit – whether the claim invalid if amounts not owing under the contract – statutory scheme for adjudication of payment claim disputes – Building and Construction Industry Security of Payment Act 1999 (NSW), ss 14 and 15(4)