Catchwords:

CONTRACTS — building and construction — earthworks contract — termination prior to completion — whether respondents overpaid for work performed — payment claims under Building and Construction Industry Security of Payment Act 1999 (NSW)

RESTITUTION — common money count — money paid under mistake — pleadings — necessary elements for pleading restitution — whether payment claims overstated percentage of work completed — recovery of differential between claimed and actual work — Uniform Civil Procedure Rules 2005 (NSW), r 14.12

AUSTRALIAN CONSUMER LAW — misleading or deceptive conduct — alleged misrepresentations in payment claims as to extent of work completed — whether representations in payment claims were representations of fact

APPEALS — appeal from District Court — whether primary judge erred in upholding restitution and misleading or deceptive conduct claims