A & M Telecommunications Pty Ltd trading as SAWWA ACN 146873289 v WCED Pty Ltd [2025] NSWDC 7

District Court New South Wales

Medium Neutral Citation: A & M Telecommunications Pty Ltd trading as SAWWA ACN 146873289 v WCED Pty Ltd [2025] NSWDC 7 Hearing dates: 1 November 2024 Date of orders: 07 February 2025 Decision date: 07 February 2025 Jurisdiction: Civil Before: Cole DCJ Decision: (1) The plaintiff's Notice of Motion filed on 26 July 2024 is dismissed. (2) This matter is to proceed by way of pleadings. (3) The plaintiff is to pay the defendant's costs of and incidental to the Notice of Motion within 14 days of the date of this order. (4) The matter is listed for directions before the Judicial Registrar on 21 February 2025. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 – application for summary judgment Legislation Cited: Australian Consumer Law Building and Construction Industry Security of Payment Act 1999 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Agius v New South Wales [2001] NSWCA 371 Dualcorp Pty Ltd v Remo Constructions Pty Ltd [2009] NSWCA 69 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Kitchen Xchange v Formacon Building Services [2014] NSWSC 1602 Spencer v Commonwealth of Australia (2010) 241 CLR 118 Steve Karamihos and Aristea Karamihos v Bendigo and Adelaide Bank Limited, Bendigo and Adelaide Bank Limited v Steve Karamihos and Aristea Karamihos [2013] NSWSC 172 Witron Australia Pty Ltd v Turnkey Innovative Engineering Pty Ltd [2023] NSWCA 305 Category: Procedural rulings Parties: A&M Telecommunications Pty Ltd trading as SAWWA (Plaintiff) WCED Pty Ltd (Defendant) Representation: Counsel: P Bambagiotti (Plaintiff) J Polese (Defendant)