Falgat Constructions P/L v Equity Australia Corp P/L [2006] NSWCA 259

BUILDING AND ENGINEERING CONTRACTS - Progress payments - Payment claims - Whether successive payment claims, claiming the same amount, can be served - Payment schedules - Time limit for provision of payment schedules - Whether adjudication application can be made if payment schedule provided outside the time limit - Whether s.109X of the Corporations Act 2001 (Cth) applies to provision of payment schedule to a corporation - Effect of s.29 of the Acts Interpretation Act 1901 (Cth) - Whether "provide" means anything different from "serve" in the Building & Construction Industry Security of Payment Act 1999, and is governed by s.31 of that Act.

LEGISLATION CITED: Acts Interpretation Act 1901 (Cth), s.29 - Building Construction Industry Security of Payment Act 1999 (NSW), SS.13, 14, 15, 17 and 31 - Corporations Act 2001 (Cth), s.109X - Evidence Act 1995 (NSW), s.160

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