Construction Thursday, 19 March 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


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.