FACTS
On 05 April 2011, Multiplex Constructions Pty Ltd (Multiplex) subcontracted work for the construction of the NAB project to Brighton Australia Pty Ltd (Brighton).
On 1 April 2014, Brighton filed a summons in the Technology and Construction List in the Supreme Court of NSW, claiming under s18 of the Australian Consumer Law, damages and other relief against the Multiplex arising out of the Subcontracts entered into in reliance on misleading representations.
The Court was required to determine whether Brighton’s claim was time barred under clause 46.
ISSUES
Whether an ACL claim is time barred under a time bar clause in the contract.
FINDING
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