A recent NSW Court of Appeal decision has re-enlivened the possibility of insolvent construction companies successfully recovering debts via the Security of Payment legislation. Insolvency practitioners appointed to construction companies should seek advice promptly following their appointment.

On 12 February 2019, the New South Wales Court of Appeal handed down its decision in Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liquidation) [2019] NSWCA 11.