John Jacob Morrison trading as Bellingen Plumbing Services ABN 31 678 436 659 v Sproule [2022] NSWLC 5

Local Court New South Wales

Medium Neutral Citation: John Jacob Morrison trading as Bellingen Plumbing Services ABN 31 678 436 659 v Sproule [2022] NSWLC 5 Hearing dates: 2 August 2022 Date of orders: 3 August 2022 Decision date: 03 August 2022 Jurisdiction: Civil Before: Nash LCM Decision: (1) Statement of Claim dated 8 March 2022 dismissed. (2) Plaintiff to pay the defendant's costs in the sum of $944.40 plus GST. Catchwords: Civil claim – oral contract – costs Legislation Cited: Legal Profession Uniform Law Application Regulation 2015 (NSW) Local Court Rules 2009 (NSW) Cases Cited: Anthony v Morton [2018] NSWSC 1884 John Holland Pty Limited v Kellogg Brown & Root Pty Ltd [2015] NSWSC 451 Texts Cited: Nil Category: Procedural rulings Parties: John Jacob Morrison trading as Bellingen Plumbing Services ABN 31 678 436 659 (Plaintiff) Cassandra Sproule (Defendant) Representation: Solicitors: CCSG Legal Pty Ltd (Plaintiff) Paul Stubbs Law Office (Defendant) File Number(s): 2022/00074353 Publication restriction: Nil

EX TEMPORE Judgment These are my ex tempore reasons in this matter.

A. INTRODUCTION 1. The plaintiff's Statement of Claim dated 8 March 2022 seeks recovery of the sum of $2,035 from the defendant, being the cost of a wastewater report commissioned by the plaintiff at the defendant's request. Mr Strider Duerinckx, the owner of the company known as 'Earth Water Consulting', was the person the plaintiff commissioned for the purposes of obtaining the report. 2. The defendant's defence filed 14 April 2022 pleads that the defendant did not request the said report, and further that the defendant was not the registered proprietor of the property the subject of the plaintiff's claim and was therefore not authorised to obtain other than a quotation for the installation of an onsite sewerage management system for the subject property.