Artkal Trading Pty Limited v Next Constructions Pty Ltd [2021] NSWDC 819

District Court New South Wales

Medium Neutral Citation: Artkal Trading Pty Limited v Next Constructions Pty Ltd [2021] NSWDC 819 Hearing dates: 24 and 25 June 2021 Date of orders: 6 July 2021 Decision date: 06 July 2021 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff against the defendant in the sum of $209,736.95. (2) Order the defendant to pay the plaintiff's costs. (3) In the event that the defendant seeks to apply for a stay of the judgment, liberty to apply by email to my associate within 14 days. Catchwords: BUILDING AND CONSTRUCTION — adjudication – payment claim — payment schedule – misleading representation – reliance – injunction Legislation Cited: Australian Consumer Law, s 4, s 237 Building and Construction Industry Security of Payment Act 1999, s 11, s 13, s, 14, s 15, s 31 Electronic Transactions Act 2000, s 13A Interpretation Act 1987, s 8 Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd (2006) 67 NSWLR 9 Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592; [2004] HCA 60 Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494 State Asphalt Services Pty Ltd v Leighton Contractors Pty Ltd [2013] NSWSC 528 Storm Industries Pty Ltd trading as trustee of the T&L Trust v Unicar Australia Pty Ltd [2020] NSWDC 51 Structum Pty Ltd v Basilios Mihalopoulos & CWCN Pty Ltd [2019] NSWDC 119 Wallace v Kam [2013] HCA 19 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Category: Principal judgment Parties: Artkal Trading Pty Limited (plaintiff) Next Constructions Pty Ltd (defendant) Representation: Counsel: Mr M Sahade (plaintiff) Mr T L Hollo (defendant)