OSB GROUP PTY LTD -v- COMPLETE HIRE & SALES PTY LTD [2024] WASC 310
FACTS
The case of OSB GROUP PTY LTD -v- COMPLETE HIRE & SALES PTY LTD [2024] WASC 310 involved the plaintiff having commenced proceedings to recover the claimed amount as a statutory debt under the Building and Construction Industry (Security of Payment) Act 2021 (WA), seeking a summary judgment against Complete.
Complete contended that there were serious other questions to be tried, including a defence based on the Australian Consumer Law 2010 (Cth) (ACL) arising from alleged misleading or deceptive conduct by OSB. OSB allegedly made representations to Complete about the resources required to perform and complete the construction work within the time required by Complete (namely, 61 days).
ISSUE
Whether a respondent to recovery proceedings, brought under the Building and Construction Industry (Security of Payment) Act 2021(WA) s 27 (3)(b), has a defence based on rights under Commonwealth legislation, the Australian Consumer Law 2010(Cth), to recover damages for misleading or deceptive conduct.
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