Hewatt Pty Ltd v Orange City Council [2020] NSWSC 1662

Hewatt Pty Ltd v Orange City Council [2020] NSWSC 1662

The court was not persuaded to order a separate determination of the merits of the plaintiff's claim under the Security of Payment Act because no answer to the proposed separate question would dispose of the proceedings and this would not be appropriate given the circumstances.

Jurisdiction
Australia
Judgment Date
23 November 2020
Procedural Posture
Equity Commercial List / Procedural Motion (notice of Motion) Determination
Outcome
Defendant's notice of motion of 9 October 2020 dismissed
Legal Topics
['separate Question Determination' 'security of Payment Act' 'cross Claim Under S 16(4)']
['civil Procedure' 'building and Construction Law'] ['separate Question Determination' 'security of Payment Act' 'cross Claim Under S 16(4)']

Case Brief

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Procedural Posture

Equity Commercial List / Procedural Motion (notice of Motion) Determination

Legal Issues

  1. 1 ["Whether there should be a separate determination of the merits of the plaintiff's claim under the Building and Construction Industry Security of Payment Act 1999 (NSW)" 'Whether by reason of s 16(4) of the Building and Construction Industry Security of Payment Act the defendant would not be able to bring a cross claim against the plaintiff']

Ratio Decidendi

The court was not persuaded to order a separate determination of the merits of the plaintiff's claim under the Security of Payment Act because no answer to the proposed separate question would dispose of the proceedings and this would not be appropriate given the circumstances.

Court Disposition

Defendant's notice of motion of 9 October 2020 dismissed

Orders

  • ["Defendant's notice of motion of 9 October 2020 dismissed" "Costs of the defendant's notice of motion to be plaintiff's costs in the cause, subject to further submissions" 'Matter listed for further directions in the Technology and Construction List on 27 November 2020']