Pearl Hill Pty Ltd v Concorp Construction Group (Vic) Pty Ltd [2011] VSCA 99

Appeal – Construction contract – Payment claim made under s 14(1) of the Building and Construction Industry Security of Payment Act 2002 – No payment schedule served – County Court proceedings seeking judgment for payment claim – Summary judgment in favour of plaintiff – Stay of execution sought pending appeal – Whether leave to appeal required – Held: Leave to appeal required as judgment on payment claim does not finally dispose of the rights of the parties

Costs – Notice of discontinuance of appeal –Appeal without merit – Indemnity costs ordered – Supreme Court (General Civil Procedure) Rules 2005 r64.14(4) applied.

Click here to read full-screen | Click here to print the case