Sky General Services Pty Ltd V Bauen Constructions Pty Ltd [2013] NSWCA 191

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sky General Services Pty Ltd V Bauen Constructions Pty Ltd [2013] NSWCA 191 Hearing dates: 19 June 2013 Decision date: 19 June 2013 Before: Barrett JA (at [1] and [18]); Gleeson 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: APPEAL - application for leave to appeal - no challenge to substantive result - contention that wrong conclusion reached on two of three alternative bases of determination - challenge to costs order only Legislation Cited: Building and Construction Industry Security of Payment Act 1999, ss 13(4), 17(2) Cases Cited: Chase Oyster Bar Pty Ltd v Hamo Pty Ltd [2010] NSWCA 190; (2010) 78 NSWLR 393 House v The King [1936] HCA 40; (1936) 55 CLR 499 Marshall v Prescott [2013] NSWCA 152 Category: Interlocutory applications Parties: Sky General Services Pty Ltd - Appellant Bauen Constructions Pty Ltd - Respondent Representation: Mr A T Lynch - Applicant Mr D S Weinberger - Respondent Lexi Fori Lawyers - Applicant McCabes Lawyers Pty Ltd - Respondent File Number(s): 2012/354707 Decision under appeal Citation: [2012] NSWSC 1123 Date of Decision: 2012-09-18 00:00:00 Before: Sackar J File Number(s): 2012/230241