NSW Caselaw
New South Wales Supreme Court
CITATION : Duynstee v Dickens & Dickens [2009] NSWSC 292 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 17 April 2009
JUDGMENT DATE : 24 April 2009
JURISDICTION : Common Law
JUDGMENT OF : RA Hulme J
DECISION : The appeal is dismissed. The plaintiff is to pay the defendant's costs of the appeal as agreed or as assessed.
CATCHWORDS : CONTRACTS - contract for fire protection of boundary fence - whether contract excluded under s 7(2)(b) from the operation of Building and Construction Industry Security of Payment Act 1999 - MAGISTRATES - appeals and review - appeals limited to question of law - points not taken below
Building and Construction Industry Security of Payment Act 1999 LEGISLATION CITED : Home Building Act 1989 Local Courts Act 1982 Uniform Civil Procedure Rules
CATEGORY : Principal judgment
Shorten v David Hurst Constructions Pty Ltd [2008] NSWCA 134 B & L Linings Pty Limited & Anor v Chief Commissioner of State Revenue [2008] NSWCA 187 Nichols v Lee [2008] NSWSC 1243 CASES CITED : US Manufacturing Co Pty Limited v ABB Service Pty Limited [2008] NSWSC 705 David Hurst Constructions Pty Ltd v Shorten [2008] NSWSC 164 Walter Construction Group v CPL (Surry Hills) Pty Ltd [2003] NSWSC 266 Kuru v State of New South Wales [2008] HCA 26 State of New South Wales v Kuru [2007] NSWCA 141
TEXTS CITED : Ritchie, Uniform Civil Procedure NSW, LexisNexis Butterworths, 2006
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