Notice Upheld Despite Uncertainty

Background

In the case of Precept Services Pty Ltd v Concrete Equipment Australia (Trading) & Anor [2007] QSC 339, the plaintiff (subcontractor) had given a notice of claim of charge to the second defendant (employer). The notice appeared to be in the approved form for a notice of claim of charge over all money owing, but contained a reference to a charge on retention money. This reference created some ambiguity as to whether the charge was on all money owing, or on retention money only.

The decision

The court found this reference was nothing more than a clerical error and did not void the notice for uncertainty. It was possible to ascertain with reasonable certainty from the notice that the money charged was not just retention money, but all money payable under the head contract.