Collins and Turner Pty Ltd v Landini & Landini [2018] NSWLC 22

Local Court New South Wales

Medium Neutral Citation: Collins and Turner Pty Ltd v Landini & Landini [2018] NSWLC 22 Hearing dates: 29 November 2018 Date of orders: 12 December 2018 Decision date: 12 December 2018 Jurisdiction: Civil Before: Huntsman LCM Decision: The Notice of Motion is dismissed Catchwords: CONTRACTS - whether works were residential building work or supply of related services in relation to construction work - terms of contract – applicable legislation

CIVIL PROCEDURE - pleadings – striking out Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dualcorp Pty Ltd v Remo Constructions Pty Ltd [2009] NSWCA 69 Leighton Contractors Pty Limited v Campbelltown Catholic Club Limited, Campbelltown Catholic Club Limited v Leighton Contractors Pty Limited [2003] NSWSC 1103 McDonald v Grech; Bank of Western Australia Ltd v McDonald [2012] NSWSC 717 Protectavale Pty Ltd and v K2K Pty Ltd [2008] FCA 1248 Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence [2016] HCA 52 The Owners – Strata Plan 81837 v Multiplex Hurstville Pty Ltd [2018] NSWSC 1488 Category: Procedural and other rulings Parties: Collins and Turner Pty Ltd (applicant/plaintiff) Mark Landini (1st respondent/1st defendant) Rikki Landini (2nd respondent/2nd defendant) Representation: Counsel: Mr J Mack (applicant/plaintiff) Mr D Hume (respondents/defendants)