The Court of Appeal held that a payment claim under the SOP Act does not require the claimant to establish as objective fact that the claimed work was performed; the statutory liability under ss 14 and 15 arises from the recipient's failure to serve a payment schedule, not from proof of the underlying entitlement. The Court also held that conditional contractual provisions (here, contingent on the owner electing to use a quantity surveyor) can validly identify an earlier date for service of payment claims under s 13(1B), and that high physical support disability accommodation comprising bedrooms with ensuites and shared communal facilities does not constitute 'self-contained units' within cl 3(3)(d) of Sch 1 to the Home Building Act, meaning such work is not 'residential building work' requiring insurance under that Act.
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