Hynash Constructions Pty Ltd v BRP Industries Pty Ltd

[2025] NSWCA 14

NSW Court of Appeal

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Interrogate

Catchwords

1. Building and Construction Law
2. › Security of payment legislation
3. › Payment claims and payment schedules
4. › Consequences of failure to provide payment schedule
5. › Recovery of unpaid portion of claimed amount
6. › Defence prohibition under s 15(4)(b)(ii)
7. › Whether upfront payment made before payment claim reduces 'unpaid portion of claimed amount'
8. › Whether defence alleging upfront payment as reduction is prohibited defence
9. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 13, 14, 15
1. Appeal
2. › Application for leave to appeal
3. › District Court
4. › Whether leave required where judgment entered on summary judgment application but determined on final basis
5. › District Court Act 1973 (NSW), s 127(2)(c), (d)

Quick Take

An upfront payment made under a construction contract before a payment claim is served cannot be used to reduce the 'unpaid portion of the claimed amount' in proceedings under s 15(2)(a)(i) of the Security of Payment Act where no payment schedule has been served; such a claim is a defence in relation to matters arising under the construction contract prohibited by s 15(4)(b)(ii).