PPK Willoughby v Eighty Eight Construction [2014] NSWSC 942

Supreme Court New South Wales

Medium Neutral Citation: PPK Willoughby v Eighty Eight Construction [2014] NSWSC 942 Hearing dates: 04/07/2014 Decision date: 04 July 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: No order as to costs; discharge stay. Catchwords: COSTS - Whether costs should follow the event - where notice of motion not pressed at hearing - where notice of notion unlikely to have been brought if successful party had complied with notice to produce served on them prior to filing of notice of motion - where notice of notion unlikely to have been brought if appropriate response had been given to letter seeking financial information prior to filing notice of motion Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Chase Oyster Bar Pty Limited v Hamo Industries Pty Limited (2010) 78 NSWLR 393 Grosvenor Constructions (NSW) Pty Limited (in Administration) v Musico [2004] NSWSC 344 PPK Willoughby Pty Ltd v Eighty Eight Construction (No 2) [2014] NSWSC 839 RJ Neller Building Pty Limited v Ainsworth [2009] 1 Qd R 390 Veolia Water Solutions v Kruger Engineering [No 3] [2007] NSWSC 459 Category: Procedural and other rulings Parties: PPK Willoughby Pty Ltd (Plaintiff) Eighty Eight Construction Pty Ltd (First Defendant) Scott Petersen (Second Defendant) Adjudicate Today Pty Limited (Third Defendant) Representation: Counsel: F P Hicks M Christie SC / L Shipway Solicitors: Madison Marcus (Plaintiff) Beazley Singleton (First Defendant) Moray & Agnew (Second and Third Defendants) File Number(s): 2014/68292