Camporeale Holdings Pty Ltd trading as Michael Camporeale Builders v Spectra Electrical & Communications Pty Ltd [2019] NSWDC 249

District Court New South Wales

Medium Neutral Citation: Camporeale Holdings Pty Ltd trading as Michael Camporeale Builders v Spectra Electrical & Communications Pty Ltd [2019] NSWDC 249 Hearing dates: 4 February 2019 Date of orders: 20 February 2019 Decision date: 20 February 2019 Jurisdiction: Civil Before: Gibson J Decision: (1) Proceedings 2017/367059 and 2017/367976 dismissed pursuant to UCPR r 12.7. (2) In both proceedings, the plaintiff pay defendants' costs on the ordinary basis up to 18 December 2018, and thereafter on an indemnity basis. (3) Liberty to restore in relation to any application for a gross sum costs order Catchwords: BUILDING AND CONSTRUCTION – summary dismissal of claim – no issue of principle Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Uniform Civil Procedure Rules 2005, rr 12.7 and 31.28 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Residues Treatment & Trading Co Ltd v Southern Resources Ltd (1989) 52 SASR 54 Tru Floor Service Pty Ltd v Jenkins (No 2) (2006) 232 ALR 532 Wijayaweera v St Gobain Abrasives Ltd (No 2) [2012] FCA 98 Category: Principal judgment Parties: Plaintiff: Camporeale Holdings Pty Ltd trading as Michael Camporeale Builders First Defendant: Spectra Electrical & Communications Pty Ltd Second Defendant: Leslie Allan McCahon Third Defendant: Vicki Adele McCahon Representation: Counsel: Plaintiff: Mr G Russo (solicitor) Defendants: Mr E Ball