Can an insolvent contractor still serve a payment claim?

A recent decision of the NSW Supreme Court examines whether a 'hopelessly insolvent' subcontractor that executes a holding DOCA to enforce payment claims served on head contractor under the NSW security of payment legislation.

Key takeouts

Filed under:
Australia, New South Wales, Construction, Insolvency & Restructuring, Litigation, MinterEllison, Insolvency, Corporations Act 2001 (Australia), New South Wales Supreme Court
Authors:
Andrew Hales , Michael Hughes , Caitlin Murray
Location:
Australia
Firm:
MinterEllison