Construct Assist Pty Ltd v PDMS Group Pty Ltd [2008] QDC 303

Summary Judgment – claim under a “construction contract” – Building and Construction Industry Payments Act 2004 – payment claim served by claimant by pre-paid post to respondent’s principal place of business – no payment schedule served by respondent in reply – whether respondent entitled to resist summary judgment application -Uniform Civil Procedure Rules 1999 rr 292, 293 - Building and Construction Industry Payments Act 2004 ss 3, 7, 12, 17, 18, 19, 100 -Brodyn Pty Ltd t/as Time Cost and Quality v Davenport and Anor [2004] NSWCA 394 - Deputy Commissioner of Taxation v Salcedo [2005] QCA 227 - Nepean Engineering Pty Ltd v Total Process Services Pty Ltd (In Liq) [2005] NSWCA 409 -Swain v Hillman [2001] 1 All ER 91 -