The Court held that under s 8(2)(b) of the Security of Payment Act, reference dates continue to accrue on the last day of each calendar month even after construction work has ceased, subject only to the 12-month limitation in s 13(4)(b). Accordingly, successive payment claims for the same work but nominating different reference dates do not contravene the s 13(5) prohibition on serving more than one payment claim per reference date. The Court also held that 'named month' in s 8(2)(b) bears its statutory definition under s 21 of the Interpretation Act 1987 (NSW) — meaning any calendar month — and does not mean only a month in which work was performed, departing from the interpretation adopted by Stevenson J in Grid Projects.
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