BAULDERSTONE HORNIBROOK PTY LIMITED V QUEENSLAND INVESTMENT CORPORATION  NSWSC 522
Supreme Court of New South Wales – 7 June 2006
Baulderstone Hornibrook Pty Limited (“BHPL”) entered into a contract with Queensland Investment Corporation (“QIC”) whereby BHPL agreed to design and construct the Westpoint Shopping Centre Redevelopment at Blacktown.
BHPL served a Payment Claim on QIC, said to be made in accordance with clause 42 of the contract and under the Building and Construction Industry Security of Payment Act 1999 (NSW), in the sum of $105,411,474.00. QIC provided BHPL with eight folders of documents in response, including a document said to be a Payment Schedule under the Act, and a document said to be a progress payment certificate under the contract.
BHPL denied that a valid Payment Schedule had been provided by QIC, on the basis that the covering letter accompanying the folders only referred to the Progress Certificate and not the Payment Schedule, and the Payment Schedule itself was signed only by the Respondent’s solicitors. BHPL, having taken this position, then purported to give notice to QIC under section 15(2)(b) of the Act of its intention to suspend carrying out work, and applied to the Supreme Court for judgment in the sum of $105,411,474.00.