A limitation on the ability to obtain judgment pursuant to s 16(4) of the Security of Payments Act

List member Dr Kylie Weston-Scheuber has prepared a case note on Yuanda Vic Pty Ltd v Facade Designs International Pty Ltd.

The Victorian Court of Appeal, by majority, has held that judgment cannot be entered pursuant to s 16 of the Building and Construction Industry Security of Payments Act 2002 (Vic) (Security of Payments Act) where the payment claim includes “excluded amounts”.

View the full case note here