2025/00273034
| Date | Party | Submission |
|---|---|---|
| 30/9/2025 | Appellant | Notice of Appeal (PDF, 61.8 KB) |
| 30/9/2025 | Appellant | Submissions (PDF, 126.9 KB) |
| 30/9/2025 | Respondent | Submissions (PDF, 3.3 MB) |
| 30/9/2025 | Appellant | Reply (PDF, 59.0 KB) |
BUILDING & CONSTRUCTION – the appeal relates to the proper construction of s 11(4) of the Contractors Debts Act 1997 (NSW) (“CD Act”), which concerns the right of recovery if or where a principal fails to pay. The applicant appeals on one question: whether the assignee of a debt under the CD Act, being a debt founded upon the Building and Construction Industry Security of Payment Act 1999 (NSW) (“SOP Act”), maintains or loses the benefit of s 25(4) of the SOP Act, which applied to the debt before the debt was assigned. The applicant argues that the two statutory provisions should be “construed in a way that achieve their harmonious interaction” such that the benefit of the policy of the SOP Act is not rendered nugatory by virtue of the debt being assigned under the CD Act. Rather, they say that combined statutory regimes operate to place the assignee of a debt in the same place as the assignor without modification, such that s 25(4) applied to the debt assigned.
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