The Court held that notwithstanding the 2002 amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW), a claimant seeking summary judgment under s 15 must still affirmatively establish the preconditions in ss 14(4) and 15(1), including proving the due date for the progress payment — the word 'claimed' cannot be read into those provisions. The Court rejected the argument that the amendment to s 13(1) (permitting a person who 'claims to be entitled' to serve a payment claim) dispensed with the need to prove actual entitlement to a progress payment when enforcing the statutory debt. The Court also held that General Steel principles apply without relaxation to summary judgment applications under the Act, notwithstanding that the Act preserves the parties' final rights under s 32.
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