Catchwords:

BUILDING AND CONSTRUCTION – claim by subcontractor against principal for recovery of amount outstanding in relation to debt certificates issued under Contractors Debts Act 1997 (NSW) – where obligation of principal (the Club) to pay money owed to contractor (Builder) under construction contract was assigned to subcontractor pursuant to s 8(1) of the Contractors Debts Act 1997 (NSW) – where defence by principal raised set-off – determination of separate question by primary judge as to construction of s 11(4) of Contractors Debts Act 1997 (NSW) – where subcontractor contended s 25(4)(a) of Building and Construction Industry Security of Payment Act 1999 (NSW) constrains operation of s 11(4) of Contractors Debts Act 1997 (NSW) such that principal not entitled to raise any contractual defences arising under the construction contract between principal and defaulting contractor – application for leave to appeal from decision of primary judge rejecting subcontractor’s contention – leave to appeal refused with costs – obiter dicta as to construction of s 11(4) of Contractors Debts Act 1997 (NSW)