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Construction

Wednesday, 10 December 2014

Executive Summary (One Minute Read)
Lewance Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd (NSWSC) - security of payments - failure to establish that payment schedule not provided - summons dismissed
Summaries With Link (Five Minute Read)
Lewance Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd [2014] NSWSC 1726
Supreme Court of New South Wales
Nicholas AsJ
Security of payments - plaintiff sought judgment against first defendant (SHBP) under s15(2)(a)Building and Construction Industry Security of Payment Act 1999 (NSW) - plaintiff claimed it was entitled to recover amount claimed as a debt due as consequence of failure of SHBP to provide payment schedule to plaintiff within time prescribed under s14(4), or at all - held: plaintiff failed to establish that payment schedule was not provided by SHBP - summons dismissed.
Lewance Construction Pty Ltd