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In the recent Australian case of Gemcan Constructions Pty Ltd v Westbourne Grammar School [2022] VSC 6, the Supreme Court of Victoria considered a number of issues concerning a construction payment dispute between the parties. Technically this case was the enforcement claim culmination of a number of problems.

NOTE: This case is an Australian case. It concerned two relevant pieces of legislation there, the Commercial Arbitration Act 2011 (CCA) and the Building and Construction Industry Security of Payment Act (2002), (“SOP” Act). The relevant equivalent law in New Zealand is the Arbitration Act 1996 and the Construction Contracts Act 2002, which are broadly similar but with some quite significant differences. For the purposes of both the legislation and the case law there are enough similarities to conclude that the outcome of the dispute would be similar in New Zealand.