Case Summary: Re Amville Constructions Pty Ltd [2022] VSC 65

Recently, we received the judgment in Re Amville Constructions Pty Ltd [2022] VSC 65, involving a dispute between our client, a subcontractor, and the other party, a builder.
We acted for the defendant L.S. Bricklaying (Vic) Pty Ltd (“L.S. Bricklaying”).

Summary of Case Facts

Contract was for a domestic building project involving three units
L.S. Bricklaying served a statutory demand against the builder, Amville Constructions Pty Ltd (“Amville”) for an unpaid invoice for approximately $11,000.00
Amville commenced an application to have this set aside, arguing it was a disputed debt
Amville argued that the owner, and not itself, was required to pay the invoice

Outcome

The statutory demand was not set aside and remained enforceable.
Amville, the party that had brought the matter to court, was required to pay the court fees and all of their legal costs, as well as over 90% of L.S. Bricklaying’s legal fees.

Key Take-aways:

• Always do a credit application form so you know who you are trading with
• If someone is saying that they will pay you, ensure that it is put in writing (meaning it is undisputed)
• If you have an outstanding debt owed to you, you should always seek legal advice
• Speak to use to discuss the most commercial legal avenue to recover debts, large or small.