Sand Excavation Pty Ltd v Nahas Constructions Pty Ltd [2011] NSWSC 184

Supreme Court New South Wales

Medium Neutral Citation: Sand Excavation Pty Ltd v Nahas Constructions Pty Ltd [2011] NSWSC 184 Hearing dates: 16/09/10, 23/09/10, 24/09/10, 20/10/10, 16/12/10, 01/02/11 Decision date: 21 March 2011 Before: Associate Justice Macready Decision: Judgment for the plaintiff against the defendant in the sum of $1,198,789.34 Catchwords: EVIDENCE - witnesses - credibility; PROCEDURE - service - whether effective - consequence of not being wholly within premises and whether service occurred within office hours; CONTRACT - building - whether contract provided a due date such that relief under Building and Construction Industry Security of Payment Act 1999 (NSW) was available Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Industrial Relations Act 1996 (NSW) Industrial Relations (General) Regulations 2001 (NSW) Cases Cited: Jones v Dunkel (1959) 101 CLR 298 Career Trading Online Pty Ltd v BES Trading Solutions Pty Ltd; Buckland [2010] NSWSC 460 Brookhollow Pty Ltd v R&R Constructions Pty Ltd [2006] NSWSC 1 Zebicon Pty Ltd v Remo Constructions Pty Ltd [2008] NSWSC 1408 Category: Principal judgment Parties: Sand Excavation Pty Ltd (Plaintiff) Nahas Construction Pty Ltd (Defendant) Representation: Counsel: M Ashhurst SC with A Vincent (Plaintiff) M Rudge SC with FP Hicks (Defendant) Solicitors: Salim Rutherford Lawyers (Plaintiff) Colin Biggers & Paisley (Defendant) File Number(s): 2010/157060