High Court of Australia

Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd [2016] HCA 52

21 Dec 2016

Case Number: S199/2016

Before

Kiefel, Bell, Gageler, Keane, Gordon JJ

Catchwords

Statutory Construction – Building and Construction Industry Security of Payment Act 1999 (NSW), s 13(1) – Whether existence of reference date under construction contract precondition to making of valid payment claim.

Contract – Construction of terms – Where construction contract made provision for contractor to "claim payment progressively" by making a "progress claim" – Whether it was the parties' intention that the contractor's right to make a progress claim under construction contract was to survive termination.

Words and phrases – "payment claim", "progress claim", "progress payment", "reference date".

Building and Construction Industry Security of Payment Act 1999 (NSW) – ss 8, 13.
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