Lesso Building Material Trading (Sydney) Pty Ltd v PDM Stone Pty Ltd

In the case of Lesso Building Material Trading (Sydney) Pty Ltd v PDM Stone Pty Ltd, the parties were engaged in a dispute concerning a contractual claim for unpaid invoices. The matter was heard in the Supreme Court of New South Wales. The defendant, PDM Stone, raised a defence that was subsequently challenged by the plaintiff, Lesso Building Material, on the grounds that it should be struck out as irrelevant and without merit.

The legal issue before the court was whether the defence raised by PDM Stone should be struck out as being irrelevant to the claims made by Lesso Building Material. The plaintiff argued that the defence did not address the central issue of whether the invoices were unpaid and therefore should not be considered in the proceedings. The court needed to determine whether the defence was relevant to the plaintiff's claims and if it had any merit.

The court found that the defence raised by PDM Stone was not relevant to the plaintiff's claims for unpaid invoices. It was determined that the defence did not address the issue of payment and was therefore a matter that could be ignored. The court ruled that the defence should be struck out as it did not contribute to the resolution of the substantive issues in the case. The plaintiff's application to strike out the defence was successful, and the defence was accordingly removed from the proceedings.