Dial D v Kingston Building [2013] NSWSC 1846

Supreme Court New South Wales

Medium Neutral Citation: Dial D v Kingston Building [2013] NSWSC 1846 Hearing dates: 18/11/2013 and 19/11/2013 Decision date: 13 December 2013 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Summons dismissed with costs. Cross-summons dismissed with costs. Costs to be set off. Catchwords: BUILDING & CONSTRUCTION - Building contracts - Payment - Final certificate CONTRACTS - interpretation - whether final certificate issued in time - corresponding date rule Legislation Cited: Building and Construction Industry Payments Act 2004 (Qld) Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Kingston Building (Australia) Pty Ltd v Dial D Pty Ltd [2013] NSWSC 173 Kembla Coal and Coke v Select Civil [2004] NSWSC 628 Dodds v Walker [1980] 1 WLR 1061 (CA); [1981] 1 WLR 1027 [HL] Martinek Holdings Pty Ltd v Reed Construction (Qld) Pty Ltd [2009] QCA 329 Martinek Holdings Pty Ltd v Reed Construction (Qld) Pty Ltd [2009] QSC 328 John Hollan Pty Ltd v Roads and Traffic Authority of New South Wales (2006) 66 NSWLR 624 John Hollan Pty Ltd v Roads and Traffic Authority of New South Wales [2007] NSWCA 140 RJ Neller Building Pty Ltd v Ainsworth [2008] QCA 397 Texts Cited: Lewison, The Interpretation of Contracts (Sweet & Maxwell, 5th edition, 2011) Category: Principal judgment Parties: Dial D Pty Ltd as the trustee for the Smith Street Unit Trust (plaintiff) Kingston Building (Australia) Pty Ltd (defendant) Representation: Counsel: F Corsaro SC / FG Kalyk MG Rudge SC / FP Hicks Solicitors: Keystone Lawyers (plaintiff) Moray & Agnew Lawyers (defendant) File Number(s): 2013/299541