Cooper v Veghelyi & Ors [2005] NSWSC 602

New South Wales Supreme Court

CITATION : Cooper v Veghelyi & Ors [2005] NSWSC 602

HEARING DATE(S) : 20/06/05

JUDGMENT DATE : 28 June 2005

JUDGMENT OF : Patten AJ at 1

DECISION : See paragraph 27

Building and Construction Industry (Security of Payment) Act 1999 (NSW) (BCISP Act) LEGISLATION CITED : Consumer Trader and Tenancy Tribunal Act 2001

Brodyn Pty Ltd v Philip Davenport & Anor (2003) NSWSC 1019 CASES CITED : Paynter Dixon Construction Pty Ltd v J F & C G Tilston Pty Ltd & Anor (2003) NSWSC 869 Brodyn Pty Ltd v Davenport & Anor (2004) NSWCA 394

Margaret Anne Cooper - Appellant PARTIES : Home Productions Pty Ltd - Respondent Consumer Trader and Tenancy Tribunal

FILE NUMBER(S) : SC 30097/04

Ms L Byrne - Appellant COUNSEL : Mr M B J Lee - Respondent

Friend & Co Lawyers -Stephen Friend - Appellant SOLICITORS : Turner Freeman Solicitors - Tanya Segelov-Respondent

LOWER COURT JURISDICTION : Supreme Court

LOWER COURT FILE NUMBER(S) : SC 30097/04

LOWER COURT JUDICIAL OFFICER : Master Harrison

- 21 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Common Law LIST

Patten AJ

June 2005

No:30097 of 2004

MARGARET ANNE COOPER v ANTHONY VEGHELYI & ORS

JUDGMENT: 1 HH: This is an appeal from Master Harrison, who, on 14 March 2005, made these orders: 1. That the proceedings be stayed until the First Respondent (Ms Cooper) pays into the court as security, the sum of $9,834.41, being "the unpaid portion of the adjudicated amount" within the meaning of s.25 (4) of the Building and Construction Industry Security of Payment Act 1999 (the Act), pending the final determination of these proceedings. 2. That the proceedings are referred to the Registrar on 13 April 2005 to ascertain whether they should be stayed pending lodgement of the security. 3. Ms Cooper is to pay the Second Defendant's (Home Productions) costs as agreed or assessed.