Go Electrical Pty Limited v Class Electrical Services Pty Limited [2013] NSWSC 517

Supreme Court New South Wales

Medium Neutral Citation: Go Electrical Pty Limited v Class Electrical Services Pty Limited [2013] NSWSC 517 Hearing dates: 30 April 2013 Decision date: 30 April 2013 Jurisdiction: Equity Division - Technology and Construction List Before: Hammerschlag J Decision: Plaintiff forthwith repay to the defendant the sum of $39,166.19 which includes interest to the date of judgment Catchwords: PRACTICE AND PROCEDURE - where monies recovered by a party under a judgment based on an adjudication determination - where adjudication determination is quashed and judgment set aside - right of the party from whom the monies were recovered to return of the monies - whether the Court has a discretion to not order repayment Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 Civil Procedure Act 2005 (NSW) Cases Cited: Production Spray Painting & Panel Beating Pty Ltd v Newnham [No 2] (1992) 27 NSWLR 659 TCN Channel 9 Pty Ltd v Antoniadis [No 2] (1999) 48 NSWLR 381 John Holland Pty Ltd v Roads and Traffic Authority of NSW (2006) 66 NSWLR 624 Proprietors of Strata Plan No 5399 v Feehan (1996) 9 BPR 97703 Category: Principal judgment Parties: Go Electrical Pty Limited - Plaintiff Class Electrical Services Pty Limited - Defendant Representation: Counsel: D.R. Pritchard SC with F.F.F. Salama - Plaintiff B. DeBuse - Defendant Solicitors: Marsdens Law Group - Plaintiff HWL Ebsworth - Defendant File Number(s): 2013/64042