George Feros Memorial v Hammat Constructions [2000] NSWSC 808

Reported Decision : [2001] 17(1) BCL 66

New South Wales Supreme Court

CITATION : George Feros Memorial v Hammat Constructions [2000] NSWSC 808 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 11131 of 2000 HEARING DATE(S) : 4 August 2000 JUDGMENT DATE : 17 August 2000

PARTIES : George Feros Memorial Hostel Committee Incorporated (Plaintiff) Hammat Constructions Pty Limited (Defendant) JUDGMENT OF : Windeyer J at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT No. 62 of 1999 at Lismore FILE NUMBER(S) : LOWER COURT Magistrate Linden JUDICIAL OFFICER :

COUNSEL : Mr C Harris (Plaintiff) Mr C Bevan (Defendant) SOLICITORS : Stone & Partners (Plaintiff) Somerville Laundry Lomax (Defendant) CATCHWORDS : APPEAL from Magistrate - decision under Contractors Debts Act 1997 - whether the rights of a subcontractor to recover moneys under the Act extend to recovery from a security bond from bank - whether the bank guarantee was "money that is payable or became payable to the defaulting contractor" by the proprietor - whether there was a statutory obligation on the proprietor to call upon the security - appeal upheld - STATUTE - Contractors Debts Act - interpretation - whether term "money" included a security bond from bank - whether Act should be construed purposively - no ambiguity in the term "money" Contractors' Debts Act 1897, s9 LEGISLATION CITED : Contractors Debts Act 1997 ss5, 5(1), 6, 7, 8, 9, 11, 11(4), Sch 1, Pt2 Cl3 and 4 Suitors Fund Act 1951 CASES CITED : Australasian Conference Association Limited v Mainline Constructions Pty Limited (in liq) (1978) 141 CLR 335 DECISION : See paragraph 18