A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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| Executive Summary (One Minute Read) |
| Nazero Group Pty Ltd
v Top Quality Construction Pty Ltd (NSWSC) - security of payments - plaintiff
seeking to quash adjudication decision required to pay unpaid portion of
adjudication amount into Court |
| Summaries With Link (Five Minute Read) |
Nazero
Group Pty Ltd v Top Quality Construction Pty Ltd [2015] NSWSC 232
Supreme Court of New South Wales
Hammerschlag J
Security of payments - plaintiff and
first defendant entered agreement under which first defendant would do formwork
and concreting for plaintiff - payment dispute arose - adjudicator made
determination in first defendant’s favour - plaintiff sought to quash
adjudication - first defendant sought order requiring plaintiff to pay unpaid
portion of adjudicated amount as security into Court pending final
determination of proceedings - s25(4)(b) Building
and Construction Industry Security of Payment Act 1999 (NSW) required
payment of such amount into Court pending determination of proceedings to set
aside a judgment based on adjudication, however in this case first defendant
had not filed adjudication as judgment for a debt - exercise of discretion in
particular circumstances of case - s25 held: policy of not served by removing first
defendant’s protection pending determination of plaintiff’s challenge even
though s25(4)(b) did not apply in terms - manifestly unfair use of Court’s
process to permit plaintiff to mount its challenge without having to pay money into Court - proceedings stayed unless
plaintiff paid unpaid portion of amount into Court.
Nazero
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