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

Form 40 (version 6)
UCPR 35.1
AFFIDAVIT OF ANDREW ALLEN 13 JUNE 2022
COURT DETAILS
Court District Court of New South Wales
#Division Equity
#List General
Registry Sydney
Case number 2022/0000022
TITLE OF PROCEEDINGS
Plaintiff Brown’s Bricks Pty Limited
Defendant Northern Homes
FILING DETAILS
Filed for Northern Homes
Defendant
Legal representative Jay Law
Legal representative reference JL: 31292895
Contact name and telephone [phone]
Contact email @JLsolicitors.com

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AFFIDAVIT
Name Andrew Allen
Address 19 Roundabout Road, Raby NSW 2566
Occupation Licensed Builder
Date 13 June 2022
I say on oath:
1 I am the defendant.
2 Conversations referred to in this Affidavit are words are in or to the effect.
Background
3 I am the sole proprietor of the business, Northern Homes and have worked in the
building industry for over 25 years.
4 I have known George Brown of Brown’s Bricks for over 10 years.
5 On 1 January 2022, I called Brown’s Bricks to place an order for 70,000 bricks from
their Heritage range. I spoke to Lynn Dalton, the manager of the sales department
about the order who instructed “Andrew, we require all orders of this size to be
confirmed in writing” to which I agreed.
6 On the same date (1 January 2022) I sent an email to Brown’s Bricks ordering the
70,000 bricks to be delivered to Lot 34 Tangerine Road, Davidson within 7 days.
7 On 15 January 2022 I received an invoice from Brown's Bricks for the 70,000 bricks
however I had not received the bricks within 7 days so I had the following
conversation with Lynn Dalton informing her that I would not be paying the invoice. I
told 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're
going 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 records
and get back to me.”
8 Later on the same day (15 January 2022) Lynn called me back and we had the
following conversation: Lynn said, “I've checked the records and the bricks were
delivered to Lot 34 Tangerine Road, Davidson on Saturday 12 January 2022.”

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I said: “Well we'd better send out a search party for them because they aren’t
there.”
I asked Lynn who had delivered the bricks and she replied that it was “Emu
Transport.”
I asked “Not that Jock Scott again?” and she replied “Yes, it was Mr Scott who
delivered the bricks.”
I informed Lynn that I had not received the bricks and had no intention of paying for
them and that the customer had wanted the job to be finished by Christmas. Before
hanging up I asked Lynn “Before I go, do your records show anyone having signed
for the bricks?” and she replied “No, when Emu delivered the bricks there was no
one there”.