Isis v Clarence [2004] NSWSC 73

Practice & Procedure - Summary judgment application pursuant to Pt 15 r 2 of Supreme Court Rules - motion dismissed - Contract Law - Construction contract - progress claims issued pursuant to Building & Construction Industry Security of Payments Act. Whether payment claims could be made between practical completion and the expiration of the defects liability period.  Held no triable issue.  Whether progress claims were supported by the evidence and information required by the contract and the Act.  Held to be a triable issue - whether progress claims made in conravention of s13(5) of the Act.  Held no triable issue.

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