Simpson & anor trading as Almar Pioneer Interiors v Griffiths [2018] NSWSC 1010

Supreme Court New South Wales

Medium Neutral Citation: Simpson & anor trading as Almar Pioneer Interiors v Griffiths [2018] NSWSC 1010 Hearing dates: 28 June 2018 Decision date: 28 June 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Pursuant to s 66 of the Supreme Court Act 1970 (NSW), the hearing of the merits of the plaintiffs' claim in proceedings identified as Margaret Anne Griffiths against Mark Allan Simpson and Rhoda Mary Simpson both trading as Almar Pioneer Interiors (ref 2017/00097003) listed in the Local Court at Hornsby on 29 June 2018 is stayed until further order of this Court. Costs reserved. Catchwords: CIVIL PROCEDURE – jurisdiction – where building claim brought in Local Court – where Magistrate refused plaintiffs' application to transfer proceedings to Civil and Administrative Tribunal – plaintiffs sought interlocutory orders in Supreme Court – no appearance by defendant – matter to be heard in Local Court day after interlocutory hearing – Home Building Act 1989 (NSW) s 48L requires Magistrate to transfer proceedings on application to the Civil and Administrative Tribunal – plaintiff has an arguable case as to error – Local Court proceedings stayed until further orders Legislation Cited: Building and Construction Industry Security of Payment Act 1999 ss 15, 16, 25 Civil and Administrative Tribunal Act 2013 Sch 4 Home Building Act 1989 (NSW) s 48L Supreme Court Act 1970 (NSW) s 66 Cases Cited: May v Christodoulou (2011) 80 NSWLR 462 Category: Principal judgment Parties: Mark Allan Simpson (First Plaintiff) Rhoda Mary Simpson (Second Plaintiff) Margaret Anne Griffiths (Defendant) Representation: Counsel: Ms V Heath (Plaintiffs)