Olympia Group Pty Ltd v Tyrenian Group Pty Ltd [2010] NSWSC 319

New South Wales Supreme Court

CITATION : Olympia Group Pty Ltd v Tyrenian Group Pty Ltd [2010] NSWSC 319

HEARING DATE(S) : 4 March 2010 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 4 March 2010

DECISION : Declaration in terms of paragraph 1 of the plaintiffs' summons. Order in terms of paragraph 3 of the plaintiff's summons. Defendant's cross-summons dismissed. Defendant to pay the plaintiffs' costs of the proceedings

CATCHWORDS : CONTRACTS – building, engineering and related contracts – general contractual principles – parties – whether the first plaintiff or Olympia Group (NSW) Pty Limited ("Olympia NSW") was party to the construction contract within the meaning of s 4 of the Building and Construction Industry Security of Payment Act 1999 ("the Act") where Olympia NSW was the head contractor, where Olympia NSW had made payments to the defendant and where the first plaintiff was not carrying on business in the building and construction industry – whether the payment claim was effectively served on the plaintiffs – whether the payment claim was an abuse of the processes of the Act

LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 (NSW)

CATEGORY : Principal judgment

Zebicon Pty Ltd v Remo Constructions Pty Ltd [2008] NSWSC 1408 CASES CITED : Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd [2006] NSWCA 259 Dualcorp Pty Ltd v Remo Constructions Pty Ltd [2009] NSWCA 69

Olympia Group Pty Ltd - First Plaintiff PARTIES : Thomas Vivian Davidson - Second Plaintiff Tyrenian Group Pty Ltd - Defendant

FILE NUMBER(S) : SC 2010/46881