INED PTY LTD v PARTRIDGE PARTNERS PTY LTD [1996] NSWCA 262

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URJ UNREPORTED JUDGMENTSurj1996BC9600361nsw

INED PTY LTD v PARTRIDGE PARTNERS PTY LTD INED PTY LTD v PARTRIDGE PARTNERS PTY LTD

nswcaSUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL Priestley JA40043 of 1996 21 February 1996, 22 February 199622021996 [1996] NSWCA 2621996nswca262INED PTY LIMITED v PARTRIDGE PARTNERS PTY LIMITED7/5/2002Converted from Infol Stay of judgment pending appeal — whether reason shown for granting — likelihood of success on appeal — whether Appellate Court likely to reverse trial judge's findings on credibility of witnesses.

Appeal against judgment of District

Court Judge Patten for Partridge partners Pty Ltd against Ined Pty Ltd for payment for fees for engineering services and interest.

In 1992,

Partridge Partners was a structural engineering company and Ined a builder and developer. The central persons in each company were Mr Partridge and Mr Taylor. At this time, a proposal was discussed by Mr Taylor with various industry related persons, for the construction of a hostel (Rocklands Hostel) and Mr Partridge expressed interest in his company becoming the structural engineer for the project. A company called Rocklands Hostel Pty Ltd was later incorporated, the principal persons being Mr Taylor and Mr Jenkinson, and it was their intention that this company would carry out the works and not Ined Pty Ltd. The single issue at

trial was whether the contract for services pursuant to which the work that

had been done for which the amount was claimed was Ined or Rocklands Hostel Pty Ltd. Judge Patten decided Ined was the contracting party.

Partridge

Partners served Ined with a creditor's statutory demand for payment of debt (pursuant to the corporations Law) which gave twenty-one days for compliance. Ined filed a summons in the Equity Division to have the statutory demand set aside. Ined filed a notice of appeal against the judgment seeking an injunction