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CL T2A1 Affidavit.docx - Form 40 (version 6) UCPR 35.1...

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Form 40 (version 6)UCPR 35.1AFFIDAVIT OF ANDREW ALLEN 13 JUNE 2022COURT DETAILSCourtDistrict Court of New South Wales#DivisionEquity#ListGeneralRegistrySydneyCase number2022/0000022TITLE OF PROCEEDINGSPlaintiffBrown’s Bricks Pty LimitedDefendantNorthern HomesFILING DETAILSFiled forNorthern HomesDefendantLegal representativeJay LawLegal representative referenceJL: 31292895Contact name and telephone(02) 9965 2607Contact email@JLsolicitors.com
2AFFIDAVITNameAndrew AllenAddress19 Roundabout Road, Raby NSW 2566OccupationLicensed BuilderDate13 June 2022I say on oath:1I am the defendant.2Conversations referred to in this Affidavit are words are in or to the effect.Background3I am the sole proprietor of the business, Northern Homes and have worked in thebuilding industry for over 25 years.4I have known George Brown of Brown’s Bricks for over 10 years.5On 1January 2022, I called Brown’s Bricks to place an order for 70,000 bricks fromtheir Heritage range. I spoke to Lynn Dalton, the manager of the sales departmentabout the order who instructed “Andrew, we require all orders of this size to beconfirmed in writing” to which I agreed.6On the same date (1 January 2022) I sent an email to Brown’s Bricks ordering the70,000 bricks to be delivered to Lot 34 Tangerine Road, Davidson within 7 days.7On 15 January 2022 I received an invoice from Brown's Bricks for the 70,000 brickshowever I had not received the bricks within 7 days so I had the followingconversation with Lynn Dalton informing her that I would not be paying the invoice. Itold Lynn “Lynn, what you want me to pay for thin air now?”Lynn asked, “What do you mean?”I replied, “I've just got your invoice for the bricks and I'd like to know when they'regoing to be delivered?”Lynn said, “I think they were delivered over a week ago.”I told Lynn “Well if they were, I haven't seen them. You'd better check your recordsand get back to me.”8Later on the same day (15 January 2022) Lynn called me back and we had thefollowing conversation: Lynn said, “I've checked the records and the bricks weredelivered to Lot 34 Tangerine Road, Davidson on Saturday 12January 2022.”
3I said: “Well we'd better send out a search party for them because they aren’tthere.”I asked Lynn who had delivered the bricks and she replied that it was “EmuTransport.”I asked “Not that Jock Scott again?” and she replied “Yes, it was Mr Scott whodelivered the bricks.”I informed Lynn that I had not received the bricks and had no intention of paying forthem and that the customer had wanted the job to be finished by Christmas. Beforehanging up I asked Lynn “Before I go, do your records show anyone having signedfor the bricks?” and she replied “No, when Emu delivered the bricks there was noone there”.

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Default, Judgment, Identity document, oath, Default judgment

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