Oppedisano v Micos Aluminium Systems [2012] NSWSC 53

Supreme Court New South Wales

Medium Neutral Citation: Oppedisano v Micos Aluminium Systems [2012] NSWSC 53 Hearing dates: 12 January 2012 Decision date: 12 January 2012 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Summons dismissed with costs. Money paid into court to be paid out to first defendant. Catchwords: BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether contract was one for the carrying out of residential building work for the purposes of s 7(2)(b) - whether, had s 7(2)(b) been found to apply, relief in the nature of certiorari should be withheld on discretionary grounds. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Home Building Act 1989 (NSW) Cases Cited: Chase Oyster Bar v Hamo Industries [2010] NSWSC 1167 Shorten v David Hurst Constructions Pty Ltd (2008) 72 NSWLR 211 Texts Cited: Australian Oxford Dictionary 2nd Edition Macquarie Dictionary, 5th edition Category: Procedural and other rulings Parties: John Oppedisano (Plaintiff) Micos Aluminium Systems Pty Limited (ACN 125 225 443) (Defendant) Representation: Counsel: M Auld (Plaintiff) F G Kalyk (Defendant) Solicitors: CCS Legal Pty Ltd (Plaintiff) Knight Lawyers (Defendant) File Number(s): 2011/413569

Judgment - ex tempore (Revised 13 january 2012) 1HIS HONOUR: The plaintiff, Mr Oppedisano, is the owner of premises at Fairlight. He lives there and has lived there for some 27 years; that occupation being interrupted only when the premises were uninhabitable during the performance of the construction works that lie at the heart of this case.