Calsun v Lovton (No 2) [2008] NSWDC 133

New South Wales District Court

CITATION: Calsun v Lovton (No 2) [2008] NSWDC 133

HEARING DATE(S): 11 June 2008 EX TEMPORE JUDGMENT DATE : 11 June 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1 The application filed on behalf of Lovton is dismissed. 2 Lovton is to pay Calsun's costs of that application. DECISION: 3 On the application filed by Calsun, there will be verdict and judgment for Calsun in the sum of $97,883.58 comprising the amounts claimed of $93,896.21 and interest in the agreed sum of $3,987.37. 4 Lovton is to pay the plaintiff's costs of the application on an ordinary basis. 5 The exhibits are to be returned.

CATCHWORDS: BUILDING & CONSTRUCTION - security of payment - costs of partially successful application

LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999

CASES CITED: Elite Protective Personnel Pty Limited v Salmon (No 2) NSW CA 4002 of 2006

PARTIES: Calsun Materials Handling Pty Ltd ACN 080 575 926 (Plaintiff) Lovton Pty Ltd as trustee for the Lovton Trust ACN 120 010 960 (Defendant)

FILE NUMBER(S): Newcastle 70/08

COUNSEL:

SOLICITORS: Turnbull Hill Lawyers (Plaintiff) Whiteley Ironside & Shillington (Defendant)

JUDGMENT

1 Applications brought by the parties to these proceedings were dealt with on 29 April 2008 and judgment delivered on 16 May 2008. The proceedings were stood over 11 June 2008 to deal with questions of costs and ongoing management of the remaining part of the plaintiff's claim.

2 I accept the submission put to me this morning that the remainder of the plaintiff's claim may not be dealt with in the current applications and therefore that the entry of judgment for Calsun, as indicated in the reasons published on 16 May 2008, will conclude the matters currently before the court once I have determined the issues of costs.