Nick Floreani KC and Christopher Humby of Young’s List have secured a significant win in the South Australian Court of Appeal.
In Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors [2025] SASCA 39, the Court has dismissed the appeal, delivering a strong outcome for their client and providing important guidance on the operation of the Building and Construction Industry Security of Payment Act 2009 (SA).
The Court rejected arguments grounded in Anshun estoppel and abuse of process, confirming that non-overlapping delay cost claims can validly be made in separate progress payment claims. The judgment reinforces the flexibility afforded under the SoP Act and affirms the Adjudicator’s approach.
A complex, highly technical matter — and a well-deserved result for a formidable team.