NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Ceerose Pty Ltd v Building Products Australia Pty Ltd [2015] NSWSC 1886 Hearing dates: 8 December 2015 Date of orders: 08 December 2015 Decision date: 08 December 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The appeal be allowed.
(2) Set aside the judgment entered in the Local Court in proceedings 267990 of 2014 on 20 July 2015 in favour of the defendant.
(3) In lieu thereof order:
(a) that there be judgment for the plaintiff against the defendant in the sum of $99,981.71 together with interest;
(b) the defendant pay the plaintiff's costs of proceedings 267990 of 2014.
(4) The defendant to pay the plaintiff's costs of the proceedings in this court. Catchwords: LOCAL COURT APPEAL – Security of Payment Act – plaintiff paid out on judgment debts derived from registration certificates – defendant had in meantime contracted to complete work and received payment for work subject of progress payments that led to adjudication certificates – double satisfaction or compensation – restitution – scope of s 32 of the Security of Payments Act – appeal allowed. Legislation Cited: - Building and Construction Industry Security of Payment Act 1999 (NSW) – s 24, s 25(1), s 32 - Local Court Act 2007 (NSW) – s 29A s 39-41 - Supreme Court Act 1970 (NSW) – s 75a - Uniform Civil Procedure Rule – 15.16 Cases Cited: - Albanis v Eleftheriou [2014] NSWSC 416 - Baxter v Obacelo Pty Ltd [2001] HCA 66; 205 CLR 635 - Castellan v Electric Power Transmission Pty Ltd (1967) 69 SR (NSW) 159 - Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190; 78 NSWLR 393 - John Holland Pty Ltd v Roads and Traffic Authority of New South Wales [2006] NSWSC 874; 66 NSWLR 624 - John Holland Pty Ltd v Roads and Traffic Authority of New South Wales [2007] NSWCA 140 - Ken Wolf Real Estate Pty Ltd v O'Halloran [2012] NSWSC 993 - Law Society of New South Wales v Glenorcy Pty Ltd [2006] NSWCA 250; 67 NSWLR 169 Category: Procedural and other rulings Parties: Ceerose Pty Ltd – Plaintiff Building Products Australia Pty Ltd – Defendant Representation: Counsel: A. Vincent – Plaintiff Ms J. Wright – Defendant
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