SPS Building Contractors Pty Ltd v Keith Dyer Plumbing Pty Ltd [2024] NSWSC 1426

Supreme Court New South Wales

Medium Neutral Citation: SPS Building Contractors Pty Ltd v Keith Dyer Plumbing Pty Ltd [2024] NSWSC 1426 Hearing dates: 08 November 2024 Date of orders: 08 November 2024 Decision date: 08 November 2024 Jurisdiction: Equity - Technology and Construction List Before: McGrath J Decision: Proceedings dismissed and plaintiff to pay the costs of the defendants. Catchwords: PRACTICE AND PROCEDURE — judgments and orders — proceedings dismissed for want of due despatch — no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW) s 61 Home Building Act 1989 (NSW) s 18B Uniform Civil Procedure Rules 2005 (NSW) r 12.7 Cases Cited: Ghosh v NineMSN Pty Ltd (2015) 90 NSWLR 595; [2015] NSWCA 334 Stollznow v Calvert [1980] 2 NSWLR 749 Udowenko and Ors v Chief Executive Officer and Board of Directors of St George Bank - A Division of Westpac Banking Corporation and Ors (No. 2) [2011] NSWSC 1122 Witten v Lombard Australia Ltd (1968) 88 WN (Pt 1) (NSW) 405 Category: Principal judgment Parties: SPS Building Contractors Pty Ltd (Plaintiff/ First Respondent) Keith Dyer Plumbing Pty Ltd (First Defendant/ First Applicant) Gregory Crowe trading as Monster Bricklaying Pty Ltd (Second Defendant/ Second Respondent) Joshua Grey (Third Defendant/ Third Respondent) SKWP Pty Ltd as trustee for the SKWP Trust trading as S & K Waterproofing Gold Coast (Fourth Defendant/ Second Applicant) Hamilton Hayes Henderson Architects Pty Ltd (Fifth Defendant/ Fourth Respondent) Representation: Counsel: No appearance (Plaintiff/ First Respondent) A Chaouk (solicitor) (First and Fourth Defendants/ Applicants) C Cook (solicitor) (Second Defendant/ Second Respondent) E Phelan (Third Defendant/ Third Respondent) E Ryan (solicitor) (Fifth Defendant/ Fourth Respondent)