Kitchen Xchange v Formacon Building Services  NSWSC 1602
Decision: 5 November 2014
The recent Supreme Court decision of McDougall J has emphasised the importance of strict compliance with the procedural requirements of the Building and Construction Industry Security of Payment Act 1999 (NSW). The decision affirmed that a payment claim is the only payment claim you can make for the respective reference date under the contract. As such, claimants must take care when serving payment claims.