Dualcorp Pty Ltd v Remo Constructions Pty Ltd  NSWCA 69
(15 April 2009)
Dualcorp subcontracted to Remo. After completing construction, Dualcorp issued 6 invoices endorsed as Payment Claims under the Building and Construction Industry Security of Payments Act 1999 (NSW). It proceeded to adjudication. It succeeded on 2 of the 6 invoices.
Dualcorp then issued a second payment claim comprising the same 6 invoices. Remo did not respond with a Payment Schedule. Dualcorp sought judgment in the Court as no Payment Schedule had been received in response to its second Payment Claim. The Court refused to grant judgment. Dualcorp appealed.
Was Dualcorp entitled to judgment on its second Payment Claim in the absence of a Payment Schedule when the first adjudicator had found that it was not entitled to be paid for that work?