NSW Caselaw
New South Wales Supreme Court
CITATION : MD Webster Constructions P/L v Rhinosteel P/L [2004] NSWSC 106 HEARING DATE(S) : 24 February 2004 JUDGMENT DATE : 3 March 2004 JURISDICTION: Common Law JUDGMENT OF : Master Harrison DECISION : (1) The appeal is dismissed; (2) The decision of Registrar Dafkovski of the Downing Centre Local Court dated 19 May 2003 is affirmed; (3) The plaintiff's summons filed 29 August 2003 is dismissed; (4) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS : Appeal of local court registrar's decision - set aside default judgment LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 (NSW) Adams v Kennick Trading (International) Ltd & Ors (1986) 4 NSWLR 503 Cohen v McWilliam (1995) 39 NSWLR 476 CASES CITED : Cuttle v Brand (1947) 64 WN 96 Evans v Bartlam (1937) AC 473 House v Bartlam (1937) AC 473 Vacuum Oil Pty Limited v Stockdale (1942) 42 SR 239 MD Webster Constructions Pty Limited (Plaintiff) PARTIES : Rhinosteel Pty Limited (Defendant) FILE NUMBER(S) : SC 12268/2003 Mr M Pesman (Plaintiff) COUNSEL : Ms P M Sibtain (Defendant) Ms D Malnersic of NRG Legal SOLICITORS : (Plaintiff)
Mr R Davis of R S Davis & Davis
LOWER COURT Local Court JURISDICTION : LOWER COURT 3347/2003 FILE NUMBER(S) : LOWER COURT Regstrar Dafkovski JUDICIAL OFFICER :
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