Amirbeaggi and Anor v Matrix Group Co Pty Limited [2020] NSWSC 827

Supreme Court New South Wales

Medium Neutral Citation: Amirbeaggi and Anor v Matrix Group Co Pty Limited [2020] NSWSC 827 Hearing dates: 10 June 2020 Date of orders: 30 June 2020 Decision date: 30 June 2020 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Appellants are refused leave to appeal from the interlocutory judgment and orders of the Local Court of 25 November 2019.

2. The Summons filed on 18 December 2019 is dismissed.

3. The Appellants are to pay the Respondent's costs of the Summons.

4. If a special costs order is sought by the Respondent, written submissions in support of the application are to be provided by email to Johnson J's Associate and to the Appellants on or before 7 July 2020 and the Court will give directions for written submissions in reply with a view to determining the application on the papers and without the need for a further hearing. Catchwords: APPEAL – Magistrate refused application for stay of execution of Local Court civil judgment – judgment obtained by respondent following registration of adjudication certificate under s.25 Building and Construction Industry Security of Payment Act 1999 – consideration of ss. 39 and 40 Local Court Act 2007 – whether judgment appealed against was an interlocutory judgment requiring leave – Local Court judgment held to be interlocutory – leave to appeal required – whether leave to appeal should be granted – appellants commenced separate proceedings in District Court against respondent seeking damages including recovery of money covered by Local Court judgment – District Court proceedings still on foot – claim of error in construction and application of ss.92 and 94 Home Building Act 1989 - issue sought to be argued on appeal not raised squarely in Local Court – appellants able to litigate issue in District Court proceedings – leave to appeal refused with costs Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Civil Procedure Act 2005 Home Building Act 1989 Local Court Act 2007 Cases Cited: Casa Maria Pty Limited v Trend Properties Pty Limited [1998] NSWCA 53 Ciszek v Enterprise Financial Solutions Pty Limited [2010] NSWSC 1265 Festa Holdings Pty Limited (In Liq) v Adderton (2005) NSW ConvR 56-117; [2004] NSWCA 228 Hall v Nominal Defendant (1966) 117 CLR 423; [1966] HCA 36 Laycock v Putty Community Association Incorporated [2006] NSWSC 900 Port of Melbourne Authority v Anshun Pty Limited (1980) 147 CLR 35; [1980] HCA 41 Sanofi v Parke Davis Pty Ltd (No. 1) (1982) 149 CLR 147; [1982] HCA 9 Sayed v Deng [2012] NSWSC 851 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 Souaid v Nahas [2019] NSWSC 1132 TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 118 Texts Cited: --- Category: Principal judgment Parties: Farshad Amirbeaggi and Brooke Maniscalco (Appellants) Matrix Group Co Pty Limited (Respondent) Representation: Counsel: Mr AF Fernon (Appellants) Mr F Corsaro SC (Respondent)