› where defendant’s subcontracts manager’s Job Description stated responsibilities to “manage”, “process” and “receive” payment claims
› whether defendant’s subcontracts manager had actual authority to receive plaintiff’s payment claims on behalf of the defendant
Agency
› authority of agent
› apparent authority
› where defendant’s former subcontracts manager represented to employee of the plaintiff that he had authority to receive payment claims on behalf of the defendant
› where new subcontracts manager played same role as former subcontracts manager
› whether defendant’s subcontracts manager had apparent authority to receive plaintiff’s payment claims on behalf of the defendant
Building and Construction
› Building and Construction Industry Security of Payment Act 1999 (NSW)
› service of payment claims
› where plaintiff’s employee sent updated payment claims to defendant’s subcontracts manager via agreed electronic document management system
› whether those payment claims may be taken to have been served on that day, or the following day when defendant acknowledged receipt
Building and Construction
› Building and Construction Industry Security of Payment Act 1999 (NSW)
› withdrawal of payment claims
› where plaintiff’s earlier payment claims were withdrawn at defendant’s suggestion
› payment claims withdrawn by agreement
Case Details
Citation[2024] NSWSC 1244
CourtNSWSC
JurisdictionNew South Wales
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