The CCD Group Pty Limited v Seduce Group Australia Pty Limited; The CCD Group Pty Limited v Katherine Pty Limited [2008] NSWDC 370

New South Wales District Court

CITATION: The CCD Group Pty Limited v Seduce Group Australia Pty Limited; The CCD Group Pty Limited v Katherine Pty Limited [2008] NSWDC 370

JUDGMENT DATE: 21 August 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Application refused.

CATCHWORDS: CIVIL LAW - contractual dispute - plaintiff discontinuing proceedings - form of alternative statutory relief available - application by plaintiff to be relieved of consequences of filing a notice of discontinuance

LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) s 15, 21(3), 22, 23, 25 Uniform Civil Procedure Rules 2005 Part 42.19(2)

Garwolin Nominees Pty Limited v Statewide Building Society [1984] VR 469 CASES CITED: Moore v Inglis (1976) 9 ALR 509 Shell Refining (Australia) Pty Limited v AJ Mayr Engineering Pty Limited [2006] NSWSC 94

The CCD Group Pty Limited PARTIES: Seduce Group Australia Pty Limited Katherine Pty Limited

FILE NUMBER(S): 1370/07; 1371/07

COUNSEL: Mr Murphy (for the plaintiff) Mr Zipser (for both defendants)

JUDGMENT

1. The CCD Group Pty Limited was a company that performed shop fit-outs. Seduce Group Australia Pty Ltd and Katherine Pty Ltd were companies which needed such shop fit-outs for some properties they were developing in New South Wales and interstate. The CCD Group entered into contracts with Seduce Group and with Katherine for this work to be done by CCD for Seduce and Katherine. Disputes arose over what CCD was owed. They could not be completely resolved. CCD decided to take the matter to court and commenced two sets of proceedings in this court to recover what it said was owing by Seduce Group and by Katherine. CCD now proposes to discontinue both those proceedings.