Manariti Plumbing Pty Ltd v Universal Property Group Pty Ltd

Manariti Plumbing Pty Ltd (the applicant) appealed to the Court of Appeal of New South Wales against an order of the District Court that dismissed its application for summary judgment against Universal Property Group Pty Ltd (the respondent). The dispute concerned a progress payment claim made by the applicant under the *Building and Construction Industry Security of Payment Act 1999* (NSW). The applicant sought summary judgment for the amount claimed, arguing that the respondent had no valid defence.

The primary legal issue before the Court of Appeal was whether the applicant's payment claim was valid under the Act, specifically concerning the identification of the work to which the claim related. A secondary issue was whether the District Court erred in dismissing the application for summary judgment, given that the respondent's sole defence was bound to fail.

The Court of Appeal held that a payment claim under the Act need not have the objective character of being a claim "for" construction work or related goods and services. Instead, it is sufficient if the claim identifies, in a reasonable way, the work to which it relates. In this instance, the payment claim operated by reference to the contents of earlier invoices, which the Court found adequately identified the work. Consequently, the Court determined that the District Court had erred in dismissing the application for summary judgment, as the respondent's defence was without merit and a final hearing would be otiose.

The Court of Appeal granted leave to appeal, allowed the appeal, and set aside the orders of the District Court. In their place, the Court ordered summary judgment in favour of the applicant for $221,901 plus interest, with costs awarded to the applicant in both the appeal and the District Court proceedings.