Amirbeaggi v Matrix Group Co Pty Ltd [2021] NSWCA 21

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Amirbeaggi v Matrix Group Co Pty Ltd [2021] NSWCA 21 Hearing dates: 24 February 2021 Date of orders: 24 February 2021 Decision date: 26 February 2021 Before: Basten JA; Meagher JA Decision: (1) Refuse the application for leave to appeal from each of the judgments of Johnson J in the Common Law Division of 30 June 2020 and 29 July 2020. (2) Order that the applicants pay the respondent's costs in this Court, assessed on the ordinary basis. Catchwords: APPEALS – leave to appeal – where primary judge refused leave to appeal to raise argument not dealt with by magistrate – whether argument made to magistrate – no error of primary judge in concluding not made Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), s 25(1), (4) Home Building Act 1989 (NSW), ss 92, 94(1), (3) Cases Cited: Hakea Holdings Pty Ltd v Denham Constructions Pty Ltd [2016] NSWSC 1120 Hungry Jack's Pty Ltd v Fourtounas [2020] NSWCA 325 Category: Principal judgment Parties: Farshad Amirbeaggi (First Applicant) Brooke Maniscalco (Second Applicant) Matrix Group Co Pty Ltd (Respondent) Representation: Counsel: N Kidd SC (Applicants) L Shipway (Respondent)

Solicitors: Yates Beaggi Lawyers (Applicants) Advanta Legal (Respondents) File Number(s): 2020/221679 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2020] NSWSC 827; [2020] NSWSC 962 Date of Decision: 30 June 2020 Before: Johnson J File Number(s): 2019/397879