Hawkins Construction (Aust) Pty Ltd v Mac's Industrial Pipework Pty Ltd

Hawkins Construction (Aust) Pty Ltd (the applicant) sought leave to appeal a decision concerning a payment claim made under the *Building and Construction Industry Security of Payment Act 1999* (NSW) (the Act) and a statutory demand issued by Mac's Industrial Pipework Pty Ltd (the respondent). The dispute arose from a contract entered into after the commencement of the Act, and the applicant challenged the validity of the payment claim and the subsequent statutory demand.

The primary legal issues before the court were whether the Act applied to the contract in question, given its post-commencement date, and whether the payment claim served by the respondent satisfied the requirements of the Act. Additionally, the court considered whether a solicitor, acting on behalf of a corporate client, could validly sign a statutory demand.

The court determined that the Act did apply to the contract. It found that the payment claim, despite not explicitly referencing the Act, sufficiently identified the construction work and the amount claimed, thereby satisfying the statutory requirements. Furthermore, the court held that a solicitor could validly sign a statutory demand on behalf of their corporate client, provided they had the proper authority.

Consequently, the summons for leave to appeal was dismissed with costs.