Douglas Edward Thomas Trading As Douglas E Thomas Plumbing v Williams [2009] NSWDC 354

New South Wales District Court

CITATION: Douglas Edward Thomas Trading As Douglas E Thomas Plumbing v Williams [2009] NSWDC 354

HEARING DATE(S): 20 August 2009 EX TEMPORE JUDGMENT DATE : 20 August 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1. On the Motion filed on behalf of the defendant on 24 July 2009 the Application is dismissed. DECISION: 2. The defendant is to pay the plaintiff's costs of the motion. 3. The affidavit evidence is returned. 4. I make orders in accordance with the Short Minutes signed and dated 20 August 2009 noting that the matter is listed for directions on 5 November 2009.

CATCHWORDS: BUILDING AND CONSTRUCTION - Stay of proceedings pending payment of judgement secured under Security of Payment legislation - Security for costs of recovery action

Building & Construction Industry (Security of Payment) Act 1999 LEGISLATION CITED: District Court Act 1973 Uniform Civil Procedure Rules 2005

CASES CITED: Phillips Electronics Australia Pty Limited v Matthews 2002 NSW CA 157

Douglas Edward Thomas Trading As Douglas E Thomas Plumbing (Plaintiff) PARTIES: Anthony John Williams (First Defendant) Linda Suzanne Williams (Second Defendant)

FILE NUMBER(S): 160/08

COUNSEL: F Hicks (For the Plaintiff) F Kalyk (For the First and Second Defendants)

SOLICITORS: J M Glass & Son (For the Plaintiff) Moray & Agnew Solicitors (For the First and Second Defendants)

JUDGMENT

1 The defendants are earth moving contractors who entered into a contract to perform road works for the plaintiff at Port Macquarie. A payment claim was served upon the plaintiff pursuant to the Building and Construction Industry (Security of Payment) Act 1999. The claim was inappropriately responded to by the plaintiff and the defendants obtained judgment in the Port Macquarie proceedings in April 2007. The amount claimed was $160,700, plus costs and interest.