Brodyn Pty Ltd v Y A Welding Pty Ltd [2006] NSWLC 25

Local Court of New South Wales

CITATION: Brodyn Pty Ltd v Y A Welding Pty Ltd [2006] NSWLC 25 JURISDICTION: Civil PARTIES: Brodyn Pty Ltd Y A Welding Pty Ltd FILE NUMBER: 2407/06 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 06/16/2006 MAGISTRATE: Magistrate J Orchiston CATCHWORDS: Notice of Motion - Is the plaintiff a person who is entitled to make a claim for payment against the defendant under the Act - Construction of the Act - Whether the plaintiff is a person who has "undertaken" to do "construction work" - Progress payments LEGISLATION CITED: Uniform Civil Procedure Rules R.13.1, 14.28 and 16.3 Building and Construction Industry Security of Payment Act 1999 Ss. 3(1), 4, 7, 8(1), 13, 14(4), 15(2)(a) and 34 CASES CITED: Consolidated Construction Pty Ltd v Ettamogah Pub (2004) NSWSC 110 Jemzone v Trytan (2002) NSWSC 395 REPRESENTATION: Mr Dixon - Solicitor Mr Drew - Solicitor ORDERS: Order that the plaintiff's Notice of Motion be dismissed.; Order in accordance with paragraph 1 of the defendant's Notice of Motion that the Statement of Claim be struck out.; Order that the plaintiff pay the costs of the defendant on the Notices of Motion, as agreed or as assessed.

Reasons for Decision

The Court is asked to determine the respective Notices of Motion brought by each party. The Plaintiff (PI) moves the Court for an order for judgment for the PI under Rule 13.1 and 16.3 of the Uniform Civil Procedure Rules. The Defendant (D) moves the Court for an order that the Statement of Claim be struck out pursuant to Rule 14.28 of the Uniform Civil Procedure Rules.