The Court held that a payment claim served on 7 January 2015 was validly supported by the reference date of 31 December 2014, which arose because some construction work was carried out in December 2014, notwithstanding that the claim largely repeated amounts from earlier claims. The inclusion of previously claimed amounts in a payment claim supported by a new reference date does not contravene s 13(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW), as s 13(6) expressly permits this. The Court also found that earlier communications between the parties constituted a withdrawal by agreement of an initial payment claim, and that the adjudicator did not deny procedural fairness where the plaintiff failed to address the claimant's submission about additional work performed in December 2014.
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