Ampcontrol SWG Pty Limited v Gujarat NRE Wonga Pty Limited (formerly Gujarat NRE FCGL Pty Limited) [2013] NSWSC 707

Building and Construction Industry - Building and Construction Industry Security of Payment Act - Where claimant serves a payment claim for a progress payment which does not disclose the precise contractual provisions relied. Where defendant fails to serve a payment schedule and then opposes judgment being entered on the basis that the terms of the contract do not entitle the plaintiff to the progress payment claimed – sufficient for the plaintiff to make a claim - defendant could raise the contractual issue in a payment schedule or adjudication response but is not entitled to do so now

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