Midcoast County Council t/as Midcoast Water v Reed Constructions Australia Pty Ltd

The New South Wales Court of Appeal considered an appeal by Midcoast County Council, trading as Midcoast Water, against Reed Constructions Australia Pty Ltd. The dispute arose from proceedings for the payment of a progress claim under section 13 of the *Building and Construction Industry Security of Payments Act 1999* (NSW). Midcoast Water contended that it was misled into failing to serve a payment schedule within the time prescribed by section 14 of the Act.

The central legal issues before the Court of Appeal were whether the primary judge's findings were supported by the weight of the evidence and whether the primary judge had improperly considered irrelevant matters in reaching their decision. These issues were framed within the context of alleged misleading or deceptive conduct under trade practices legislation.

The Court of Appeal dismissed the appeal, upholding the primary judge's decision. The reasoning focused on the evidence presented and the application of legal principles concerning misleading conduct and the requirements of the *Security of Payments Act*. The Court found that the primary judge had correctly assessed the evidence and had not taken irrelevant matters into account. Consequently, Midcoast Water was ordered to pay the costs of Reed Constructions Australia Pty Ltd.