Security Of Payment – Two Important Decisions Overturned

In June 2016 and August 2016, we updated you on two important decisions concerning the Building and Construction Industry Security of Payment Act 1999 (NSW). Both decisions have now been overturned on appeal. We set out below a brief summary of the state of the law as a result of the successful appeals.

High Court confirms that the existence of a reference date under a construction contract is a precondition to the making of a valid payment claim

In August 2016, we reported on the successful special leave application by Southern Han Breakfast Point Pty Ltd to have the High Court consider whether the existence of a "reference date" under the Building and Construction Industry Security of Payment Act (NSW) is a jurisdictional fact.