J C Butko Engineering Pty Ltd v Talis Civil Pty Ltd [2021] NSWDC 735

District Court New South Wales

Medium Neutral Citation: J C Butko Engineering Pty Ltd v Talis Civil Pty Ltd [2021] NSWDC 735 Hearing dates: 9 September; 28 October 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $351,638.92 (including interest from 28 August 2020 in the sum of $16,283.02). (2) By consent, make orders in accordance with order 3 of the amended notice of motion (filed 28 April 2021) striking out: (a) paragraph 7(c); (b) paragraph 7(d); (c) paragraph 8(e)(i), the words "(which is not admitted)"; (d) paragraph 8(e)(v), the words "(which is denied)". (3) The defendant to pay the costs to date of the proceedings, including the costs of the motion. (4) Liberty to either party to apply by email to my associate within 14 days in respect of the costs order in order (3) hereof. (5) List the proceedings for further directions before the Judicial Registrar in Sydney on Thursday, 4 November 2021 at 9.30am in respect of the residue of the proceedings concerning Payment Claim 14. Catchwords: BUILDING AND CONSTRUCTION – security of payment - adjudication — payment claim – payment schedule – components of a payment schedule – whether payment claim identified – whether amount to be paid specified – whether reasons provided for reduced payments CIVIL PROCEDURE — summary disposal — judgment for plaintiff Legislation Cited: Building and Construction Industry Security of Payment Act 1999, s 14 Cases Cited: Barclay Mowlem v Tesrol Walsh Bay [2004] NSWSC 1232 Joye Group Pty Ltd v Cemco Projects Pty Ltd [2021] NSWCA 211 Leighton v Arogen [2012] NSWSC 1323 Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA Pty Ltd) [2007] QSC 333 Multiplex Constructions Pty Ltd v Luikens and Anor [2003] NSWSC 1140 Style Timber Floor Pty Ltd v Krivosudsky [2019] NSWCA 171 Category: Principal judgment Parties: J C Butko Engineering Pty Ltd (plaintiff) Talis Civil Pty Ltd (defendant) Representation: Counsel: Mr J Dooley (plaintiff) Ms A Carr (defendant)