NSWNSWDC
Dunn v Kim
[2020] NSWDC 887
District Court of NSW|2020-09-04|Before: Mr J
View original sourceAt a glance
Source factsCourt
District Court of NSW
Decision date
2020-09-04
Before
Mr J
Source
Original judgment source is linked above.
Judgment (2 paragraphs)
[1]
Judgment
- The defendants, Mee Youn Kim and Edwin Hong, seek to have the proceedings dismissed under r 13.4 or struck out under r 14.28 of the Uniform Civil Procedure Rules 2005.
- The dispute arises out of two building contracts concerning a swimming pool. In those two contracts, the customer is named as "Mr Edwin Hong", and the builder is named as "Discover The Earth pty ltd and Mr Marty Dunn - Lic. 264442C". The contract contemplates payments would be made to Discover The Earth. The contracts were dated in early 2017. The first involved the completion of the pool "[r]eady to begin concrete stage" involving "Form, Steel, Plumbing, Electrical work, plus materials", and was for a sum of $18,950 exclusive of GST. The second contract involves the "[f]inal concreting of pool. Supply concrete, shot crete team and complete concrete pool". The job price was $8,950, exclusive of GST.
- The pool was not completed harmoniously between the builder and Mr Hong. Payments in excess of $8,800 were paid to Discover The Earth, but a subsequent invoice for $5,056 was not paid. Thereafter, it appears the pool was completed by someone other than the builder.
- Mr Dunn's amended statement of claim pleads that he is a swimming pool builder and asserts that Ms Kim and Mr Hong were the customers and that Mr Dunn "built the main structure of the Defendant's 16m long concrete pool, with waterfalls over its walls, at both ends and along one side of the pool". On this basis, the plaintiff then asserts that he is "claiming $277,523.90". The particulars of that sum refer to the unpaid invoice of $5,056 and, in addition, $5,823.60 for materials and equipment, $245,187.60 for wages and $9,580 for equipment hire and usage. In submissions, Mr Dunn indicated that the defendants had used his equipment and that that fee was based on a hire charge for that equipment.
- Mr Dunn is self-represented. He relies on a document called an affidavit, which has an execution clause in accordance with an affidavit, but it is not in the usual form of affidavits. He makes a number of allegations, including forgery, fraud, illegality, larceny and perjury. Those allegations are not currently included in the amended statement of claim.