TSOUKATOS v MUSTAFA [2007] NSWSC 614

TSOUKATOS v MUSTAFA [2007] NSWSC 614

Court held that all notices, including the adjudication certificate, were served in accordance with the Act. The plaintiff did not discharge the onus of proving documents were not received. Evidence supported delivery to plaintiff's business address, satisfying statutory service requirements.

Parties
Plaintiff: Michael Tsoukatos, trading as Xtreme Enterprises Australia Pty. Limited; Defendant: Peter Mustafa, trading as Peter Mustafa Constructions
Jurisdiction
Australia
Judgment Date
15 June 2007
Procedural Posture
Summons / Judgment
Outcome
The order staying the garnishee made by this Court is discharged; the summons is dismissed. The plaintiff is to pay the defendant's costs, subject to any written submissions.
Legal Topics
Claims Under Building and Construction Industry Security of Payment Act 1999 (nsw), Service of Notice, Validity of Service to Place of Business, Adjudication Applications
Construction Law Civil Procedure Claims Under Building and Construction Industry Security of Payment Act 1999 (nsw) Service of Notice Validity of Service to Place of Business Adjudication Applications

Case Brief

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Parties

Michael Tsoukatos, trading as Xtreme Enterprises Australia Pty. Limited

Plaintiff

Peter Mustafa, trading as Peter Mustafa Constructions

Defendant

Procedural Posture

Summons / Judgment

Legal Issues

  1. 1 Whether there was compliance with service requirements under the Building and Construction Industry Security of Payment Act 1999 (NSW)
  2. 2 Whether valid notice was served upon the plaintiff regarding adjudication application

Ratio Decidendi

Court held that all notices, including the adjudication certificate, were served in accordance with the Act. The plaintiff did not discharge the onus of proving documents were not received. Evidence supported delivery to plaintiff's business address, satisfying statutory service requirements.

Court Disposition

The order staying the garnishee made by this Court is discharged; the summons is dismissed. The plaintiff is to pay the defendant's costs, subject to any written submissions.

Orders

  • The order made by this Court on 27 December 2006 staying the garnishee order numbered 2379 made by Burwood Local Court in 2006 is discharged.
  • The summons is otherwise dismissed.