The Court held that service of a payment claim by a head contractor without the supporting statement required by s 13(7) of the Building and Construction Industry Security of Payment Act 1999 (NSW) does not constitute valid service for the purposes of s 14(4)(a), following Kitchen Xchange v Formacon Building Services [2014] NSWSC 1602 and the reasoning of Allsop P in Dualcorp v Remo Constructions. Accordingly, the respondent's failure to provide a payment schedule does not give rise to a statutory debt under s 15 where the payment claim was served without a compliant supporting statement. The Court also permitted the defendant to withdraw an admission that the s 15(1) circumstances existed, where the admission was contrary to uncontested evidence and was not the product of a deliberate acknowledgement of facts known to be untrue.
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