NSW Caselaw
New South Wales Supreme Court
CITATION : Parsons Brinckerhoff Australia Pty Ltd v Downer EDI Works Pty Ltd [2010] NSWSC 1295
HEARING DATE(S) : 1 November 2010
JUDGMENT DATE : 12 November 2010
JUDGMENT OF : Hammerschlag J
DECISION : Judgment for the plaintiff for $1,389,362.07 together with interest at the prescribed rate from 19 April 2010. Defendant to pay plaintiff's costs of the proceedings
CATCHWORDS : BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 ("the Act") s 31 – meaning of the phrase "ordinary place of business" – whether an address where the offices of its Chief Executive Officer and Chief Financial Officer were situated and from where business management and support services, finance support services, safety and environment and human resources management were provided for the defendant's business nationally was its ordinary place of business – HELD – held that the place was the defendant's ordinary place of business
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 Corporations Act 2001 (Cth)
CATEGORY : Principal judgment
CASES CITED : Howship Holdings Pty Ltd v Leslie (1996) 41 NSWLR 542 Jones (as Trustee of the property of Heather MacNeil-Brown, A Bankrupt) v Southall & Bourke Pty Ltd [2004] FCA 539
PARTIES : Parsons Brinckerhoff Australia Pty Ltd - Plaintiff Downer EDI Works Pty Ltd (formerly Works Infrastructure Pty Ltd) - Defendant
FILE NUMBER(S) : SC 2010/306867
COUNSEL : S.A. Kerr SC [Plaintiff] G. Inatey SC with D.R.Sibtain [Defendant]
SOLICITORS : Norton Rose Australia [Plaintiff] Blake Dawson [Defendant]
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