This decision involved the successful appeal to the Full Court of the Supreme Court of South Australia against summary judgment granted under the Building and Construction Industry Security of Payment Act 2009 (SA) (‘The Act’). The appellant Aalborg argued successfully that section 15(4)(b) of the Act did not preclude it from raising estoppel and misleading conduct…

Resolving the conflict between the Corporations Act (Cth) 2001 section 553C and the Security of Payments legislation.