Dux Plumbing Services v Sandra's Tax Services [2003] NSWSC 323

New South Wales Supreme Court

CITATION : Dux Plumbing Services v Sandra's Tax Services [2003] NSWSC 323 HEARING DATE(S) : 7 April 2003 JUDGMENT DATE : 17 April 2003 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : The Summons is dismissed. The plaintiff is to pay the costs of the Summons.

CATCHWORDS : Appeal from Local Court - question of construction of written agreement - no error in respect of issues litigated. LEGISLATION CITED : N/A CASES CITED : N/A Dux Plumbing Services Pty Ltd (Plaintiff) PARTIES : v Sandra's Tax Services Pty Ltd (Defendant) FILE NUMBER(S) : SC 11456 of 2002 COUNSEL : Mr C J Millard (Plaintiff) Mr B Slowgrove (Defendant) SOLICITORS : Hills Legal (Plaintiff) John J Puleo & Company (Defendant)

LOWER COURT Local Court JURISDICTION : LOWER COURT 1187 of 2000 Penrith Local Court FILE NUMBER(S) : LOWER COURT E Jacob LCM JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Master Malpass

Thursday 17April 2003

11456 of 2002 Dux Plumbing Services Pty Ltd v Sandra's Tax Services Pty Ltd

JUDGMENT 1 Master Malpass: These proceedings were commenced by Summons filed on 24 May 2002. The Summons propounds an appeal from the Local Court. The decision was handed down on 30 April 2002. The defendant in these proceedings recovered a judgment in the sum of $32,692.37. 2 The defendant sued on a written agreement. A copy of the agreement is annexed to the Affidavit of Philip Andrew Bell sworn 9 October 2002 and marked "PB4". The material provisions of the agreement are as follows:- "Sandra's Tax Service Pty Ltd is under contract to the above to the value of $50,000 per annum (not including GST). The contract covers all bookkeeping, accounts, taxes, and any other work that has to be completed for Dux Plumbing, RCM, and JST. In other words all matters that involves (sic) the office at Wiltona Place. Sandra's Tax Service will supply personel (sic) to maintain the office for 56 hrs per fortnight being 7 days. These hours could increase (maximum 76 hrs) depending on the workload in the office. Also due to public holidays some weeks could decrease. Payment of fees will be on the 15th of each month or nearest Friday to the 15th, commencing March 2000. Payments will be 12 (twelve) equal amounts of $4166.67."