Johnston v Lianda Constructions Pty Ltd [2014] NSWSC 1178

Supreme Court New South Wales

Medium Neutral Citation: Johnston v Lianda Constructions Pty Ltd [2014] NSWSC 1178 Hearing dates: 20/08/ 2014 Decision date: 27 August 2014 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: In relation to the plaintiff's appeal (1) The extension of time to file the summons is granted. (2) Leave to appeal is granted. (3) The amended summons filed 31 March 2014 is dismissed. In relation to the cross appeal (4) The extension of time to file the cross appeal is granted. (5) Leave to appeal is refused. (6) The cross summons is dismissed. In relation to both the appeal and cross appeal (7) The decision of his Honour Magistrate Hodgson dated 18 December 2013 is affirmed. (8) Costs of the appeal and the cross appeal are reserved. Catchwords: APPEAL FROM LOCAL COURT - whether the Magistrate properly applied the test for summary judgment - whether there was a triable issue

APPEAL FROM LOCAL COURT - application for leave to appeal from a costs order in the Local Court Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), ss 3, 4, 8, 13, 14, 15, 32 Civil Procedure Act 2005 (NSW), s 98 Federal Court Act 1976 (Cth), s 31A Local Court Act 2007 (NSW), ss 39, 40, 41 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 42.1, 42.2 Cases Cited: Ampcontrol SWG Pty Ltd v Gujarat NRE Wonga Pty Ltd [2013] NSWSC 707 Be Financial Pty Ltd v Das [2012] NSWCA 164 General Steel Industries Inc v Commissioner for Railways of NSW (1964) 112 CLR 125 Grave v Blazevic Holdings Pty Ltd [2010] NSWCA 324; (2010) 79 NSWLR 132 House v The King (1936) 55 CLR 499 Nepean Engineering Pty Ltd v Total Process Services Pty Ltd (in liq) [2005] NSWCA 409 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Parkview Qld Pty Ltd v Fortia Funds Management Ltd [2009] NSWSC 1065 Sayed v Deng [2012] NSWSC 851 Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517 Sydney City Council v Geftlick [2006] NSWCA 280 Category: Principal judgment Parties: Peter Martin John (Plaintiff/Cross Defendant) Lianda Constructions Pty Ltd AFT The Alljaz Trust (Defendant/Cross Claimant) Representation: Counsel: Solicitors: File Number(s): 2014/70957 Publication restriction: Nil Decision under appeal Date of Decision: 2013-12-18 00:00:00 Before: Hodgson LCM File Number(s): 2013/216485