Geocast Constructions v Coates Hire [2011] NSWSC 126

Supreme Court New South Wales

Medium Neutral Citation: Geocast Constructions v Coates Hire [2011] NSWSC 126 Hearing dates: 1 February 2011 Decision date: 17 February 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: 1. The appeal is dismissed. 2. The decision of her Honour Magistrate Tabbaa dated 26 October 2009 is affirmed. 3. The further amended summons filed 3 February 2010 is dismissed. 4. The plaintiff is to pay the defendant's costs as agreed or assessed. Catchwords: Appeal decision of Local Court Magistrate - Construction of agreement Legislation Cited: Local Court Act 2007 Cases Cited: Codelfa Construction Pty Limited v State Rail (1982) 149 CLR 337 Pacific Carriers Ltd v BNP Paribas [2004] HCA 35 (2004), 218 CLR 451 Toll (FGCT) Pty Limited v Alphapharm Pty Limited & Ors (2004) 219 CLR 165 Category: Principal judgment Parties: Geocast Constructions Pty Ltd - Plaintiff Coates Hire Operations Pty Ltd - Defendant Representation: Counsel: J Weaver - Plaintiff C P Locke - Defendant Solicitors: KQ Lawyers - Plaintiff Oliveri Lawyers - Defendant File Number(s): 2009/297115

Judgment 1HER HONOUR : This is an appeal from the decision of a Local Court Magistrate. It involves construction of an agreement. 2The plaintiff in these proceedings is Geocast Constructions Pty Ltd, the defendant in the Local Court ("Geocast"). Geocast carries out construction works including retaining walls and piling works for the structural fortification of buildings. 3The defendant is Coates Hire Operations Pty Ltd, the plaintiff in the Local Court proceedings ("Coates"). For convenience I shall refer to the parties by name in this judgment. Geocast relied on two affidavits of Adrian Paul Quinn sworn 18 August 2010 and 11 January 2011. At hearing of this appeal, counsel for Geocast did not press grounds 4, 5, 8, 9 and 10 of the further amended summons filed 3 February 2011. 4In the Local Court proceedings Coates sued Geocast in respect of unpaid invoices rendered by Coates to Geocast in respect of the hire and installation of dewatering equipment, and sued Brian Carpenter ("Mr Carpenter") on the basis that he was guarantor of the obligations of Geocast to Coates. Mr Carpenter did not file a defence. On 26 October 2009, her Honour gave judgment and ordered that Geocast and Mr Carpenter pay Coates: (a) the sum of $49,225.13 ("the judgment debt"); (b) pay interest on the judgment debt at the rate of 10 per cent per annum; and (c) its costs as agreed or assessed. Mr Carpenter has subsequently paid the judgment debt. Mr Carpenter has not been joined as a party to this appeal. Hence the issues relating to his signing a guarantee do not form part of this appeal.