St Andrew failed to pay Hart’s interim payment but did not serve a withholding notice. Hart commenced court proceedings in relation to the interim payment and St Andrew also commenced court action for a claim against Hart in relation to its standards of workmanship.

Both parties accepted that Hart could not simply rely on the absence of a withholding notice but must set out its claim. St Andrew applied to dismiss Hart’s case. The Judge took the view that Hart’s claim was set out in its pleadings and should not be dismissed. Further, as no withholding notice had been issued, St Andrew could not raise issues regarding defective workmanship in the proceedings.