District Court
New South Wales
Medium Neutral Citation: Infinity Formwork Group Pty Ltd v Adobe Construction Group Pty Ltd [2023] NSWDC 220 Hearing dates: 20 June 2023 Date of orders: 23 June 2023 Decision date: 23 June 2023 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Amended notice of motion dated 1 March 2023 granted.
(2) Judgment for the plaintiff in the sum of $94,235.24 in respect of the payment claim constituted by Invoice 60, issued by it to the defendant on 25 August 2022.
Catchwords: CIVIL PROCEDURE — Summary disposal — Judgment for plaintiff
BUILDING AND CONSTRUCTION — Payment claim – Part of proceedings
Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), s 8, s 13, s 14, s 15, s 16, s 32
Civil Procedure Act 2005 (NSW), s 21
Interpretation Act 1987 (NSW), s 21
Uniform Civil Procedure Rules 2005, r 13.1, r 13.3, r 19.1
Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41
Chan v Cresden Pty Ltd (1989) 168 CLR 242
Cosmo Cranes & Rigging Pty Ltd v EQ Constructions Pty Ltd [2022] NSWDC 6
Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 at 99; [1983] HCA 25
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69
HP Mercantile Pty Ltd v Dierckx (2013) 306 ALR 53; [2013] NSWCA 479
Ke Qin Ren v Hong Jiang (2014) 104 ACSR 149; [2014] NSWCA 388
Ottavio v Hayvio Pty Ltd [2011] NSWSC 1125
TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 93
Vannella Pty Limited v TFM Epping Land Pty Ltd [2019] NSWSC 1379
Category: Procedural rulings Parties: Infinity Formwork Group Pty Ltd (plaintiff/applicant on notice of motion)
Adobe Construction Group Pty Ltd (defendant/respondent to notice of motion)Representation: Counsel:
Solicitors:
Ms A Avery-Williams (plaintiff/applicant on notice of motion)
Mr J Adamopoulos (defendant/respondent to notice of motion)
Penhall & Co (plaintiff/applicant on notice of motion)
ERA Legal (defendant/respondent to notice of motion)
File Number(s): 2023/00018553 Publication restriction: Nil
District Court
New South Wales
JUDGMENT
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This is an application for summary judgment under r 13.1 of the Uniform Civil Procedure Rules 2005 (UCPR). The application is in respect of part only of a liquidated claim brought by the plaintiff for work performed between February and December 2022. The entire claim is in the sum of $454,496.58; the summary judgment application is in respect of a single payment claim constituted by an invoice in the sum of $94,235.24.
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The plaintiff contends that its Invoice No. 60, dated 25 August 2022, in the sum of $94,235.24 (the payment claim), constituted a valid payment claim under s 13(1) of the Building and Construction Industry Security of Payment Act 1999 (NSW) (the SOP Act) in respect of a progress payment to which it was entitled under s 8 of that Act. As no payment schedule was served, and no payment in respect of the payment claim was made,…
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- AGLC
- Infinity Formwork Group Pty Ltd v Adobe Construction Group Pty Ltd [2023] NSWDC 220
- Case
- [2023] NSWDC 220
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court needed to resolve was whether the plaintiff had met the criteria for summary judgment under the relevant legislation. The court had to determine whether the defendant had any real prospect of successfully defending the claim, and if not, whether the plaintiff was entitled to the amount claimed. Additionally, the court considered whether the plaintiff had complied with all procedural requirements for issuing the payment claim and whether the claim was valid under the building and construction contracts.
In delivering the judgment, the court found that the defendant had not provided any evidence or argument that demonstrated a real prospect of successfully defending the claim. The court held that the plaintiff had complied with all procedural requirements for the payment claim and that the claim was valid under the relevant legislation. Consequently, the court granted the plaintiff's motion and entered judgment in favour of the plaintiff for the sum of $94,235.24. The court confirmed that the defendant's failure to contest the claim justified the summary disposal and the awarding of the full amount claimed to the plaintiff.
Orders
Orders of the court
(1) Amended notice of motion dated 1 March 2023 granted.
(2) Judgment for the plaintiff in the sum of $94,235.24 in respect of the payment claim constituted by Invoice 60, issued by it to the defendant on 25 August 2022.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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