Bettar Holdings Pty Ltd v RWC Brookvale Investment Pty Ltd

2025/00085250

BUILDING & CONSTRUCTION – the respondent engaged Hannas Contracting Service Pty Ltd (Hannas) to manage the development of land in Brookvale – Hannas engaged in a tender process to locate a suitable construction manager – the appellant, though Nicholas Bettar (the appellant’s general manager), submitted an expression of interest to Danny Hanna (Hannas’ CEO) on 8 June 2023 – from that date to mid-December 2023, Messrs Bettar and Hanna engaged in negotiations relating to the tender – on 27 October 2023, an employee of Hannas sent to Mr Bettar an email expressing Hannas’ intention to contract with the appellant - despite the absence of a formalised agreement, from 30 October 2023, the appellant began working full-time on the Brookvale site – on 21 December 2023, the appellant sent to Hannas a progress claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA), payable by the respondent – however, the primary judge found that no “construction contract” was entered into by the parties – the primary judge found that the absence of such a contract, or of any other pleaded arrangement, was fatal to the appellant’s claim for payment under the SOPA – the primary judge refused to find that the respondent was estopped from denying a contract – the primary judge also dismissed the payment claim on its merits – whether primary judge erred in finding that no contract or other arrangement was reached between the parties – whether the primary judge erred with respect to estoppel – whether primary judge erred in assessment of payment claim – whether primary judge erred with respect to costs.