NSW Caselaw
New South Wales District Court
CITATION: Kingston Building Pty Limited v Warners Bay Developments Pty Limited [2009] NSWDC 203
HEARING DATE(S): 05/06/2009 EX TEMPORE JUDGMENT DATE : 12 June 2009
JURISDICTION: District Court - Civil
JUDGMENT OF: Sidis DCJ
(1) Judgment for the plaintiff under rule 13(1) of the Uniform Civil Procedure Rules 2005 in the sum of $133,083.03 comprising the amount of the claim of $130,193.80 and interest of $2,889.23. Judgment is entered pursuant to s (15)(2)(a)(i) of the Building and Construction Industry Security of Payment Act 1999. DECISION: (2) The defendant is to pay the plaintiff's costs on an ordinary basis up to and including 27 April 2009 and on an indemnity basis thereafter. (3) The affidavit evidence will be retained for 28 days.
CATCHWORDS: Payment Claims - Whether strict compliance with service provisions of contract required - Whether conduct in not drawing the defendants' attention to their statutory obligations amounted to misleading and deceptive conduct
Building & Construction Industry Security of Payment Act 1999 LEGISLATION CITED: Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005
CASES CITED: Corporation Pty Limited, CA 40804, 19 September 2006 Bittania Pty Limited v Parkline Constructions Pty Limited CA 40113 2006, 28 August 2006
PARTIES: Kingston Building Pty Limited (ACN 086 479 807) (Plaintiff) Warner's Bay Development Pty Limited (ACN 101 602 822) (Defendant)
FILE NUMBER(S): 141/09
COUNSEL: Mr F Hicks (Plaintiff) Mr R Cheney (Defendant)
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