Owners Strata Plan 61172 v Stratabuild Pty Ltd (No 2) [2011] NSWSC 1568

Supreme Court New South Wales

Medium Neutral Citation: Owners Strata Plan 61172 v Stratabuild Pty Ltd (No 2) [2011] NSWSC 1568 Hearing dates: 23/06/2011 Decision date: 19 December 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1)The defendant's application for an indemnity certificate pursuant to s 6 of the Suitors' Fund Act 1951 is dismissed. (2)No order as to costs. Catchwords: COSTS - application for indemnity certificate pursuant to s 6 of the Suitors' Fund Act 1951 - appeal from adjudicator's determination under Building and Construction Industry Security of Payment Act 1999 - whether determination by adjudicator a decision of a "court" - held not a "court" for the purpose of s 6 - bankruptcy of applicant would also affect grant of certificate Legislation Cited: Building and Construction Industry Security of Payment Amendment Bill Building and Construction Industry Security of Payment Act 1999 Building and Construction Industry Security of Payment Bill Legal Profession Act 2004 Suitors' Fund Act 1951 Suitors' Fund Bill Supreme Court Act 1970 Cases Cited: Anderson Stuart v Treleaven [2000] NSWSC 536 Attorney General v British Broadcasting Corporation [1979] 3 All ER 45 Attorney General v British Broadcasting Corporation [1980] 3 All ER 161 Australian Postal Commission v Dao (No 2) (1986) 6 NSWLR 497 Burringbar Real Estate Centre Pty Ltd v Ryder [2008] NSWSC 891 Chase Oyster Bar v Hamo Industries [2010] NSWCA 190 Commissioner of Corrective Services v Government and Related Employees Tribunal (No 2) [2004] NSWCA 337 Hogan v Hinch (2011) 275 ALR 408 Hughes v Clubb (1987) 10 NSWLR 325 Mir Bros Developments Pty Ltd v Atlantic Constructions Pty Ltd (1985) 1 NSWLR 491 Production Spray Painting & Panelbeating Pty Ltd v Newenham Reid v Sydney City Council (1995) 35 NSWLR 719 Skelton v Jones (No 4) [1966] 2 NSWLR 167 Tracey, Re [2011] NSWCA 43 Texts Cited: Second reading speech for the Building and Construction Industry Security of Payment Amendment Bill, New South Wales Legislative Assembly, (Hansard) 12 November 2002 at 6541 Second reading speech for the Building and Construction Industry Security of Payment Bill, New South Wales Legislative Assembly, (Hansard) 29 June 1999 at 1594 Second reading speech for the Suitors' Bill, New South Wales Legislative Assembly, (Hansard) 1 May 1951 at 1699 Category: Costs Parties: The Owners - Strata Plan No 61172 (Plaintiff) Strata Build Pty Ltd ABN 23 120 624 679 (First Defendant) Neil Whittle (Second Defendant) Adjudicate Today Pty Ltd ABN 39 109 605 021 (Third Defendant) Representation: M Christie SC with L Shipway (plaintiff) D Ash (defendants) MN Lawyers & Associates (first defendant) Mr Philip Davenport (second and third defendants) Crown Solicitor's Office (amicus curiae) File Number(s): 2011/128541