The Owners - Strata Plan 74635 v Buildcorp Group Pty Limited [2013] NSWCA 40

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Owners - Strata Plan 74635 v Buildcorp Group Pty Limited [2013] NSWCA 40 Hearing dates: 25 February 2013 Decision date: 25 February 2013 Before: Allsop P at [1], [18] Ward JA at [17] Decision: Application for leave to appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - no question of principle Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Civil Procedure Act 2005, ss56 - 60 Cases Cited: The Owners Strata Plan 56587 v Consolidated Quality Projects [2009] NSWSC 1476 Category: Principal judgment Parties: The Owners - Strata Plan No 74635 (Applicant) Buildcorp Group Pty Limited CAN 091 336 168 (Respondent) Representation: Counsel: D E Grieve QC and D Hand (Applicant) M Ashhurst SC and M Gunning (Respondent) Makinson & d'Apice Lawyers BCP Lawyers & Consultants (Respondent) File Number(s): 2012/397122 Decision under appeal Date of Decision: 2012-12-14 00:00:00 Before: Ashford DCJ File Number(s): 2012/186930