Marathon Group Pty Ltd v Latrobe Valley Building Services Pty Ltd [2018] NSWSC 194

Supreme Court New South Wales

Medium Neutral Citation: Marathon Group Pty Ltd v Latrobe Valley Building Services Pty Ltd [2018] NSWSC 194 Hearing dates: 6 October 2017 Date of orders: 01 March 2018 Decision date: 01 March 2018 Jurisdiction: Common Law Before: N Adams J Decision: (1) The appeal is allowed.

(2) The judgment and orders of the Magistrate, dated 1 May 2017, insofar as they pertain to the "overpayment claim", are set aside.

(3) That part of the proceedings being "the overpayment claim" is remitted to the Local Court of New South Wales to be dealt with according to law.

(4) The defendant is to pay the plaintiff's costs.

(5) The defendant is to be provided with a certificate pursuant to s 6(1) of the Suitors Fund Act 1951 (NSW). Catchwords: LOCAL COURT APPEAL – procedural fairness – contractual dispute - whether adequate reasons given by Magistrate Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Local Court Act 2007 (NSW), ss 39, 40 Suitor's Fund Act 1951 (NSW), s 6 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: A.V. Jennings Properties Ltd v Kam Civil Pty Ltd [2013] NSWSC 1900 B & L Linings Pty Limited v Chief Commissioner of State Revenue (2008) 74 NSWLR 481; [2008] NSWCA 187 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Ltd (2006) 67 NSWLR 402; [2006] NSWSC 343 Getex Pty Limited v Reed Business Information Pty Limited [2013] NSWSC 1161 Jones v Dunkel (1959) 101 CLR 298 Regency v Nadinic [2018] NSWSC 68 Robinson v Zhang (2005) 158 A Crim R 575; [2005] NSWCA 439 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Thaina Town (On Goulburn) Pty Limited v City of Sydney Council (2007) 71 NSWLR 230; [2007] NSWCA 300 Wiki v Atlantis Relocations (NSW) Pty Ltd (2004) 60 NSWLR 127; [2004] NSWCA 174 Texts Cited: JW Carter, E Peden and GJ Tolhurst, Contract Law in Australia (5th ed, 2007, LexisNexis) Category: Principal judgment Parties: Marathon Group Pty Ltd (Plaintiff) Latrobe Valley Building Services Pty Ltd (Defendant) Representation: Counsel: Mr D Stewart with Mr A Hopkins (Plaintiff) Mr D W Robertson (Defendant)