Cromer Excavations Pty Ltd v Cruz Concreting Services Pty Ltd [2011] NSWSC 51

Supreme Court New South Wales

Medium Neutral Citation: Cromer Excavations Pty Ltd v Cruz Concreting Services Pty Ltd [2011] NSWSC 51 Hearing dates: 16 December 2010 Decision date: 17 February 2011 Jurisdiction: Common Law Before: Davies J Decision: The parties are to bring in Short Minutes of Order to reflect the reasons. Catchwords: BUILDING AND CONSTRUCTION - progress payments - payment plan served on Defendants - failure of Defendants to provide payment schedule within time limited by Building and Construction Industry Security of Payment Act 1999 - Plaintiff serves notice of intention to make adjudication application - Plaintiff thereafter takes proceedings for debt - whether Plaintiff made an election. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Civil Procedure Act 2005 Uniform Civil Procedure Rules Cases Cited: Kell & Rigby Pty Limited v Guardian International Properties Pty Ltd [2007] NSWSC 554 Nepean Engineering Pty Ltd v Total Process Services Pty. Ltd. (In Liq) (2005) 64 NSWLR 462 Okaroo Pty Limited v Vos Construction and Joinery Pty Limited & Anor [2005] NSWSC 45 Rojo Building v Jillcris [2006] NSWSC 649 Rojo Building Pty Limited v Jillcris Pty Limited [2006] NSWSC 309 Rojo Building Pty Limited v Jillcris Pty Limited [2007] NSWSC 880 Rojo Building Pty Limited v Jillcris Pty Limited [2007] NSWCA 68 Schokman v Xception Construction Pty Ltd [2005] NSWSC 297 Category: Principal judgment Parties: Cromer Excavations Pty Ltd (Plaintiff) Cruz Concreting Services Pty Ltd (First Defendant) Jose da Silva (Second Defendant) Representation: Counsel: J S Whyte (Plaintiff) B Wilson (Defendants) Solicitors: Mills Oakley Lawyers (Defendants) File Number(s): 2010/257067