Parrwood Pty Ltd v Trinity Constructions (Aust) Pty
Ltd [2020] NSWCA 172
The New South Wales Court of Appeal recently handed down its
decision in Parrwood Pty Ltd v Trinity Constructions
(Aust) Pty Ltd.1 The Court of Appeal upheld a
finding at first instance that, where a reference date had arisen
under the Building and Construction Industry Security of
Payment Act 1999 (NSW) (Act), a
claimant's entitlement to payment
was not suspended by the respondent
subsequently issuing a notice to take works out of the
claimant's hand after that reference date had accrued.
The decision sought to clarify the seminal words of the High
Court in Southern Han,2 relating to
the effect of suspension on reference dates under the Security of
Payment legislation. The decision also affirms the principle
that a party is not able to take steps under a contract to
'invalidate' reference dates that have already accrued.
