DJ's Home and Property Maintenance v Dujkovic [2012] NSWSC 870

Because service of the relevant documents was regularly effected at the plaintiff's registered business address, the interlocutory injunction restraining the adjudication should be discharged and the adjudicator permitted to proceed.

Parties: Plaintiff: DJ's Home and Property Maintenance Pty Limited; First Defendant: Zed Dujkovic; Second Defendant: Damian Michael
Jurisdiction: Australia
Judgment Date: 30 July 2012
Procedural Posture: Civil Interlocutory Application / Discharge of Interlocutory Injunction
Outcome: Injunction discharged; proceedings stood over; costs ordered
Legal Topics: Service of Payment Claim, Interlocutory Injunction, Adjudication Application, Building and Construction Industry Security of Payment Act 1999 (nsw)

Building and Construction Law Civil Procedure Service of Payment Claim Interlocutory Injunction Adjudication Application Building and Construction Industry Security of Payment Act 1999 (nsw)

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Parties

DJ's Home and Property Maintenance Pty Limited

Plaintiff

Zed Dujkovic

First Defendant

Damian Michael

Second Defendant

Procedural Posture

Civil Interlocutory Application / Discharge of Interlocutory Injunction

Legal Issues

1 Whether service of payment claim and related documents was regularly effected under the Building and Construction Industry Security of Payment Act 1999 (NSW)
2 Whether the interlocutory injunction restraining adjudication should be discharged

Ratio Decidendi

Court Disposition

Injunction discharged; proceedings stood over; costs ordered

Orders

Order the injunction granted on 26 July 2012 be discharged forthwith.
Direct the first defendant forthwith to inform the second defendant that the injunction has been discharged.