Black Sheep Building Pty Ltd v A J Portelli Medical Pty Ltd atf A J Portelli Medical Trust

[2025] NSWSC 1472

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Building and Construction
1. payment claims served but no payment schedules provided
1. claim for unpaid portion of payment claims under s 15(2)(a)(ii) of the Building and Construction Industry Security of Payment Act 1999 (NSW)
1. application for summary judgment

A payment claim that expressly states it is made under SOPA engages the statutory scheme even where the construction contract provides its own payment claim and quantity surveyor assessment process; the two regimes operate concurrently and the respondent must still serve a payment schedule within the statutory timeframe.
High physical support accommodation comprising ensuite bedrooms with shared kitchen, living, laundry and outdoor areas — designed for persons with disability under NDIS standards and subject to centralised management — falls within the exception in cl 3(3)(d) of Schedule 1 to the Home Building Act 1989 (NSW) for accommodation specially designed for persons with disability, and does not constitute 'self-contained units' within the carve-out to that exception.
Interest under s 11(2) SOPA on unpaid progress payments is recoverable as part of a summary judgment application for the unpaid amount of a payment claim; a separate proceeding is not required.