Bitannia P/L v Parkline Construction P/L [2006] NSWCA 238

BUILDING AND CONSTRUCTION – progress payments - Building and Construction Industry Security of Payment Act 1999 (NSW) s 13 & 15 – whether bona fide belief in entitlements claimed required for valid payment claim PRACTICE AND PROCEDURE – whether a breach of s 52 of Trade Practices Act 1974 (Cth) can be relied on as a defence – whether Building Payment Act s 15(4)(b)(ii) precluded such defence CONSTITUTIONAL LAW – section 109 inconsistency – whether Building Payment Act s 15(4)(b) invalid to the extent that it prevents the raising of a cross claim in reliance on s 52 of the Trade Practices Act

 LEGISLATION CITED: Bills of Exchange Act 1909-1912 (Cth), s43 - Building and Construction Industry Security of Payment Act 1999 (NSW), ss 13, 14, 15, 25, 32, 34 - Constitution, ss 76(ii) and 77(iii), 109 - Corporations Act 2001 (Cth), ss 5E-5G - District Court Act 1973 (NSW), s8 - Judiciary Act 1903 (Cth), ss 39, 64, 79, 80 - Jurisdiction of Courts (Miscellaneous Amendments) Act 1987 (Cth), s3 and Schedule -  Racial Discrimination Act 1975 (Cth), s6 -  Sex Discrimination Act 1984 (Cth), s10 - Trade Practices Act 1974 (Cth), ss 4L, 44, 45D, 47, 52, 75, 80, 82, 86, 87

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