LEIGHTON CONTRACTORS PTY LTD V EAST GIPPSLAND CATCHMENT AUTHORITY [2000] VSC 26
Supreme Court of Victoria – 18 February 2000
FACTS
Leighton was retained by the Authority as a consultant and superintendent for flood response works.
The contract between the parties was drafted by employees of the Authority and included provisions about progress payments.
The contract provided that the Authority was to make progress payments to Leighton and could only withhold progress payment if the progress claim was disputed.
The Authority alleged that certain works supervised by Leighton were defective and withheld payment of progress payments until the work was rectified. Leighton sued the Authority and applied for summary judgment.
ISSUES
Was the Authority entitled to withhold payment of the progress payments?
Should the Court order that summary judgment be granted for Leighton’s claim for payment of the progress claims?
FINDING
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