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ARTICLE · 30 JULY 2021

Security of payments in NSW: Timing is everything!

Coleman Greig Lawyers
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This decision provides guidance on the method of service of payment claims and the consequences of miscalculating dates.

AustraliaReal Estate and Construction
Mario Rashid-Ring
Mario Rashid-Ring
Greta Koshy
Greta Koshy
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The recent decision of the Supreme Court of NSW in MGW Engineering Pty Ltd t/a Forefront Services v CMOC Mining Pty Ltd [2021] NSWSC 514 provide practical guidance on the method of service of payment claims and consequences of miscalculating dates under the Building and Construction Industry Security of Payment Act 1999 NSW (SOPA)

Facts

At 5.15pm on 3 February 2021, an employee of MGW Engineering Pty Ltd, trading as Forefront Services (Forefront), personally delivered four (4) claims (totalled > $6M) under SOPA to an employee of CMOC Mining Services Pty Ltd (CMOC) at Northparkes Copper and Gold Mine (the Mine) at Goonumbla in Central New South Wales.

On 18 February 2021, CMOC served its payment schedules in response to the payment claims pursuant to s14 of SOPA (which was 11 days after 3 February 2021 and 10 days after 4 February 2021).

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