In Devcon Building Co Pty Ltd v MWB Everton Park Pty Ltd ATF MWB Everton Park Unit Trust; Devcon Building Co Pty Ltd v Zhongyuan Investments Pty Ltd [2023] QDC 184, Devcon Building Co Pty Ltd (Devcon) sought payments from MWB Everton Park Pty Ltd and Zhongyuan Investments Pty Ltd for progress claims related to construction contracts. The court ruled in favour of Devcon against MWB, ordering MWB to pay $149,485.60 plus interest for a progress claim under the Building Industry Fairness (Security of Payment) Act 2017. However, Devcon’s application against Zhongyuan was dismissed due to issues with the warning notice, specifically errors in the payment claim date that undermined the validity of the notice.
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