FUSE ARCHITECTURE PTY LTD v SPECIAL LAND DEVELOPMENT PTY LTD [2022] NSWLC 2

Local Court New South Wales

Medium Neutral Citation: FUSE ARCHITECTURE PTY LTD v SPECIAL LAND DEVELOPMENT PTY LTD [2022] NSWLC 2 Hearing dates: 7 July 2022 Date of orders: 7 July 2022 Decision date: 07 July 2022 Jurisdiction: Civil Before: Judge Johnstone, Chief Magistrate Decision: Verdict and judgment for the defendant Catchwords: CONTRACTS — Construction — Interpretation — Objective theory of contract law — Identity of contracting party — Wrong defendant sued Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407 Pacific Carriers Ltd v BNP Paribas [2004] HCA 35 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52 Air Tahiti Nui Pty Limited v McKenzie [2009] NSWCA 429 Category: Principal judgment Parties: Fuse Architecture Pty Ltd (Plaintiff) Special Land Development Pty Ltd (Defendant) Representation: Counsel: S Woodland (Defendant)

Solicitors: C Lee of LM Legal (Defendant)

The plaintiff was a self-represented litigant in person File Number(s): 2021/00157112 Publication restriction: Nil

EX TEMPORE JUDGMENT - REVISED 1. These civil proceedings, commenced in the Local Court of New South Wales on 1 June 2021, concern an incorporated firm of architects suing for unpaid professional fees due from a property developer in relation to two developments being, firstly, a development at Woolooware and secondly, a development at Sutherland. 2. The plaintiff relies on two alleged written contracts which it says were entered into with the defendant in or around July 2019. 3. There is no dispute that the architect's fees remain unpaid. The defendant simply says that it was not the contracting party in respect of either contract.