The availability of the security of payment regime to insolvent claimants
The recent unanimous decision of the New South Wales Court of Appeal in Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liquidation)  NSWCA 11 has rejected the Victorian Court of Appeal position that an insolvent contractor cannot be a claimant under Security of Payment legislation and described the Victorian precedent as “plainly wrong”. King & Wood Mallesons acted for the liquidators of Ostwald Bros in both the Equity Division and Court of Appeal proceedings.
This seminar will consider the decision of the NSW Court of Appeal, and analyse the implications for other Australian jurisdictions.
Scott Budd, Partner at King & Wood Mallesons - Scott is a partner at King & Wood Mallesons Brisbane office where he practices in construction law. Scott has substantial experience in project work, risk analysis and contract advice. He has conducted numerous court and arbitral matters, including international arbitrations through the International Chamber of Commerce.
More information is available on this flyer.
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