NSW Caselaw
New South Wales Supreme Court
CITATION : TSOUKATOS v MUSTAFA [2007] NSWSC 614
HEARING DATE(S) : 6 and 7 February 2007
JUDGMENT DATE : 15 June 2007
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : Orders are as follows: (a) The order made by this Court on 27 December 2006 staying the garnishee order numbered 2379 made by the Burwood Local Court on an unspecified date in 2006 is discharged. The summons is otherwise dismissed (b) That, subject to any written submissions by the parties, the plaintiff is to pay the defendant's costs in accordance with s.98 of the Civil Procedure Act 2005 (NSW).
CATCHWORDS : BUILDING AND ENGINEERING CONTRACTS – Claims under Building and Construction Industry Security of Payment Act 1999 (NSW) – Payment claim – Adjudication – Requirements for service of notice – Principles of service – Validity of service of documents addressed to the building of a party's ordinary place of business as opposed to the precise address of the office within that building
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 (NSW) Civil Procedure Act 2005 (NSW)
Paynter Dixon Constructions Pty Limited v JF & CG Tilston Pty Limited [2003] NSWSC 869 CASES CITED : Falgat Constructions Pty Limited v Equity Australia Corporation Pty Limited [2006] NSWCA 259 Pacific General Securities Ltd & Anor v Soliman & Sons Pty Ltd & Ors [2005] NSWSC 378
PARTIES : TSOUKATOS, Michael v MUSTAFA, Peter
FILE NUMBER(S) : SC No. 16347 of 2006
COUNSEL : P: In person D: J. Hanna (Solicitor)
SOLICITORS : P: N/A D: Patricia White & Associates
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