Style Timber Floor Pty Ltd v Krivosudsky

(2019) 100 NSWLR 133; [2019] NSWCA 171

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Building and Construction
2. › Security of payment legislation
3. › Payment schedule
4. › Requirements of valid payment schedule
5. › Whether email response indicating reasons for withholding payment
6. › Whether reasons sufficiently particularised to enable claimant to understand scope of dispute
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 14(2), 14(3), 20(2B)
1. Building and Construction
2. › Security of payment legislation
3. › Payment schedule
4. › Incorporation of other documents by reference
5. › Whether payment schedule may incorporate prior correspondence
6. › Whether documents identified with sufficient particularity
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), s 14(3)
1. Building and Construction
2. › Security of payment legislation
3. › Statutory regime
4. › Legislative purpose
5. › Prompt interim resolution of payment disputes
6. › Payment schedule as delineating scope of adjudication
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 3, 14, 20(2B), 32

Quick Take

A response to a payment claim that refers generally to 'many emails, photos, back charges and complaints' without identifying specific sites, invoices, or amounts does not constitute a valid payment schedule under s 14(3), even where the parties have exchanged extensive prior correspondence about the disputes.