Kitchen Complex Pty Ltd v Revelop Building and Development Pty Ltd & Anor [2020] NSWSC 96

Supreme Court New South Wales

Medium Neutral Citation: Kitchen Complex Pty Ltd v Revelop Building and Development Pty Ltd & Anor [2020] NSWSC 96 Hearing dates: 12 February 2020 Decision date: 21 February 2020 Jurisdiction: Common Law Before: White J Decision: Order that the amended summons be dismissed with costs. Catchwords: CIVIL PROCEDURE — Hearings — Procedural fairness – submissions raised by defendant for the first time after close of the plaintiff's case – where the matters subject of the submissions were in issue in the course of the hearing – no denial of procedural fairness

BUILDING AND CONSTRUCTION — Contract — Novation – whether novation of contract in circumstances where invoices issued to a related company at the request of a contracting party – no evidence of novation Legislation Cited: Home Building Act 1989 (NSW), ss 7, 10, 21, 36, 42, 92, 94 Local Court Act 2007 (NSW), ss 39, 40

Home Building Regulation 2014 (NSW), regs 8, 20, 58, Sch 4 Cases Cited: Chief Commissioner of State Revenue v Adams Bidco Pty Ltd [2019] NSWCA 34 Minister for Natural Resources v NSW Aboriginal Land Council (1987) 9 NSWLR 154 Calderbank v Calderbank [1976] Fam 93 Category: Principal judgment Parties: Kitchen Complex Pty Ltd (Plaintiff) Revelop Building and Development Pty Ltd (1st Defendant) Revelop Projects Pty Ltd (2nd Defendant) Representation: Counsel: PA Beale with E Chrysostomou (Plaintiff) ATS Dawson SC with A Vernier (Defendants)