Event and Time
Event Description
- Case Title: East End Projects Pty Ltd v GJ Building & Contracting Pty Ltd
- Date Filed: 15 June 2020
- Contract Date: 1 June 2018
- Payment Claim Date: 28 May 2020
- Location: Newcastle, New South Wales
- Relevant Legislation: Building & Construction Industry Security of Payment Act 1999 (NSW)
Application and Claims
- Plaintiff: East End Projects Pty Ltd
- Claim: Declaration that GJBC's payment claim (28 May 2020) is void under the Act, along with an order restraining GJBC from seeking a determination under the Act concerning that claim.
- Defendant: GJ Building & Contracting Pty Ltd (GJBC)
- Claim: Argument that the requirement for a draft payment claim pursuant to the contract was void under s 34 of the Act, contending that a reference date arose on the last day of each month according to s 8(2)(b).
Judicial Decisions
- Decision Rendered: Summons dismissed with costs.
- Key Legal Rationale: The court examined whether the claim arose at all due to the plaintiff's assertion regarding the absence of a draft payment claim. The court held that the contract's provision requiring the draft claim to be served by a specific date was an undue restriction on the statutory right to progress payments under the Act.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Arguments (East End):
- The requirement to provide a draft payment claim by the 25th of each month is valid and binding, meaning no reference date arises without compliance. - The legislative intention of the Act is to facilitate payments, which the contract provisions do not hinder.