The Court held that where a respondent fails to serve a payment schedule within the time required under the Building and Construction Industry Security of Payment Act 1999 (NSW), defences based on alleged non-compliance with contractual preconditions to payment (such as failure to submit subcontractor declarations or progress reports) cannot be raised in proceedings under s 15(4) of the Act — such matters must be raised in a timely payment schedule. The Court also found, on the facts, that the defendant's evidence of timely service was concocted, rejecting testimony where witnesses changed their account of the time of service after mobile phone tower records contradicted their original evidence. On the subsidiary issue of service, the Court indicated that placing a document partially under a door such that it was not wholly within the premises would not constitute effective service.
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