A-One Metal Services Pty Limited v A.A.R.A. Pty Ltd [2018] NSWSC 100

Supreme Court New South Wales

Medium Neutral Citation: A-One Metal Services Pty Limited v A.A.R.A. Pty Ltd [2018] NSWSC 100 Hearing dates: 31 January 2018 Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders:

(1) The appeal is dismissed.

(2) The decision of his Honour Magistrate Pierce dated 24 July 2017 is affirmed.

(3) The summons dated 21 August 2017 is dismissed.

(4) The plaintiff is to pay the defendant's costs on an ordinary basis. Catchwords: APPEAL – Local Court – leave to appeal – Local Court Act, ss 39 and 40 – question of mixed law and fact – judicial notice – Evidence Act, s 144(1)(a) – whether judicial notice could be taken of standards of welding workmanship – whether aesthetic standards of welding are common knowledge and not reasonably open to question – no evidence – whether there was no evidence that the work was defective or damage was suffered – whether there was no evidence of an admission – whether the Magistrate had relied upon excluded and inadmissible evidence Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Evidence Act 1995 (NSW), ss 136 and 144 Local Court Act 2007 (NSW), ss 39, 40 and 41 Cases Cited: Australian Gaslight Co v Valuer-General (1940) 40 SR (NSW) 126 B&B Enterprise (Aust) Pty Ltd v Sur Holdings Pty Ltd [2016] NSWSC 490 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Dreamtech International Pty Ltd v Commissioner of Taxation [2010] FCAFC 103; (2010) 187 FCR 352 Haider v JP Morgan Holdings Aust Ltd (2007) DDCR 634 He v Yeung [2015] NSWCA 392 Lee v New South Wales Crime Commission [2012] NSWCA 262, (2012) 224 A Crim R 94 Woods v Multi-Sport Holdings Pty Ltd (2002) 209 CLR 460; [2002] HCA 9 Zelden v Sewell Henamast Pty Ltd [2011] NSWCA 56 Category: Principal judgment Parties: A-One Metal Services Pty Limited (Plaintiff) AARA Pty Ltd (Defendant) Representation: Counsel: A Byrne (Plaintiff) H Stowe (Defendant)