7 Skyland Pty Limited v K & H Jnaid Pty Limited [2007] NSWLC 7

Local Court of New South Wales

CITATION: 7 Skyland Pty Limited v K & H Jnaid Pty Limited [2007] NSWLC 7 JURISDICTION: Civil PARTIES: 7 Skyland Pty Limited K & H Jnaid Pty Limited FILE NUMBER: 3066/07 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 06/06/2007 MAGISTRATE: Magsitrate B A Lulham CATCHWORDS: Summary judgment - whether defence pleaded arises under construction contract - alleged misleading and deceptive conduct - whether defence on that basis available Uniform Civil Procedure Rules LEGISLATION CITED: The Building and Construction Industry Security of Payment Act Trade Practices Act Nepean Engineering Pty Limited v Total Process Services Pty Limited (In Liquidation) [2005] NSWCA 409 Alamdo Holdings Ltd v Australian Window Furnishings (NSW) Pty Ltd [2006] NSWSC 1073 CASES CITED: General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Yango Pastoral Co Pty Limited v First Chicago Aust Ltd (1978) 139 CLR Brodyn Pty Limited v Davenport (2004) 61 NSWLR 421 Bitannia Pty Ltd & Anor. V Parline Construction Pty Ltd [2006] NSWCA 238 A.R.R. Vincent (Counsel for Plaintiff) REPRESENTATION: Salim Lawyers (Solicitor for Plaintiff) Mr D. Kalyk (Counsel for Defendant) Furlow Fisher (Solicitor for Defendant) ORDERS: Judgment for the plaintiff in the sum of $33,024.00. The defendant is ordered to pay the plaintiff interest on the judgment from 1 March 2007 to be calculated by the Registry. Costs follow the event. The defendant is to pay the plaintiff's costs and disbursements of the proceedings, including the motion, as agreed. In default of agreement within 28 days, the costs are to be assessed under the Legal Profession Act.