Pasquale Lucchitti Trading as Palluc Enterprises and Ors v Tolco Pty Limited and Anor [2003] NSWSC 1070

New South Wales Supreme Court

CITATION : Pasquale Lucchitti Trading as Palluc Enterprises and Ors v Tolco Pty Limited and Anor [2003] NSWSC 1070 HEARING DATE(S) : 7 November 2003 JUDGMENT DATE : 7 November 2003

JURISDICTION: Equity Division Technology and Construction List JUDGMENT OF : Bergin J DECISION : Application dismissed.

CATCHWORDS : [INJUNCTIONS] - Whether the First Defendant should be restrained from taking any steps in relation to an adjudication determined by the Second Defendant in respect of a dispute between itself and the Plaintiffs - Whether adjudicator exceeded his jurisdiction in determining the dispute under the Building and Construction Industry Security of Payment Act 1999 (NSW) LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 (NSW) Supreme Court Act 1970 (NSW) Brodyn Pty Limited Trading as Time Cost and quality (ACN 001 998 830) v Philip Davenport and Ors [2003] NSWSC 1019 CASES CITED : Musico v Davenport [2003] NSWSC 977 Paynter Dixon Constructions Pty Limited v JF & CG Tilston Pty Limited and Anor [2003] NSWSC 869 Pasquale Lucchitti Trading as Palluc Enterprises (First Plaintiff) Ben Lucchitti Trading as Palluc Enterprises (Second Plaintiff) Paul Lucchitti Trading as Palluc Enterprises (Third Plaintiff) Sam Lucchitti Trading as Palluc Enterprises (Fourth Plaintiff) PARTIES : Irene Mavis Lucchitti Trading as Palluc Enterprises (Fifth Plaintiff) Umberto Pallone Trading as Palluc Enterprises (Sixth Plaintiff) Flora Pallone Trading as Palluc Enterprises (Seventh Plaintiff) David Alfred Pallone Trading as Palluc Enterprises (Eighth Plaintiff) Tolco Pty Limited (First Defendant) John O'Brien (Second Defendant) FILE NUMBER(S) : SC 55046/03 COUNSEL : DS Weinberger (Plaintiffs) WG Muddle (First Defendant) Robert Webley & Associates (Plaintiffs) SOLICITORS : Deacons (First Defendant) John O'Brien (In Person)