Maddocks recently acted for Martinus Rail in a significant NSW Court of Appeal decision concerning the NSW Security of Payment (SOPA) legislation. The case involved a dispute over payment entitlements under terminated construction contracts for the Interstate Rail Terminal at the Moorebank Intermodal Precinct in Sydney: Martinus Rail Pty Ltd v Qube RE Services (No.2) Pty Ltd [2025] NSWCA 49.

King Wood Mallesons acted for Qube.

The NSW Court of Appeal reinstated an adjudication determination that had previously been partially quashed for alleged jurisdictional error at first instance in 2024.

Martinus Rail was successful on all grounds in both the appeal and the cross-appeal, with costs awarded in its favour.

This decision is noteworthy for its implications under the SOPA framework.

The Maddocks team was led by Partner Mathew Stulic and Senior Associate Alexander Ware.

Maddocks has a market leading practice in Security of Payment matters. Maddocks regularly acts for both claimants and respondents in adjudication applications under SOPA and has acted in many of the leading cases in this area including two of the three High Court cases involving SOPA: Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd [2016] HCA 52; Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 as well as numerous leading decisions in the NSW Court of Appeal and at first instance in the Supreme Court of NSW.