Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Forte Sydney Carlingford Development Pty Limited v Forte Sydney Carlingford Pty Limited [2024] FCAFC 9 Appeal from: Forte Sydney Carlingford Pty Ltd v Li [2022] FCA 1499
File number: NSD 5 of 2023
Judgment of: MARKOVIC, DERRINGTON AND HALLEY JJ
Date of judgment: 16 February 2024
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from orders made restraining the applicant and the Australian Building & Construction Dispute Resolution Service Pty Ltd from referring a payment claim and adjudication application to an adjudicator under Pt 3 Div 2 of the Building and Construction Industry Security of Payment Act 1999 (NSW) – whether primary judge's decision is attended by sufficient doubt – whether substantial injustice would result if leave were refused – application dismissed
Legislation: Building and Construction Industry Security of Payment Act 1999 (NSW) ss 3(1), 4, 7 subs (3)(c) and subs (4), 17 subs (1) and subs (6), 21(3), 22, 26(1) and 32A(1)
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc. (1981) 148 CLR 170 Alucity Architectural Product Supply Pty Ltd v Australian Solutions Centre [2016] NSWSC 608 Ceerose Pty Ltd v A-Civil Aust Pty Ltd [2023] NSWCA 215 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Dualcorp Pty Ltd v Remo Constructions Pty Ltd (2009) 74 NSWLR 190 Edelbrand Pty Ltd v H M Australia Holdings Pty Ltd [2012] NSWCA 31 Forte Sydney Carlingford Pty Ltd v Li [2022] FCA 1499 House v The King (1936) 55 CLR 499 Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty Ltd [2018] NSWCA 339 IWD No 2 Pty Ltd v Level Orange Pty Ltd [2012] NSWSC 1439 Olympia Group (NSW) Pty Ltd v Hansen Yuncken Pty Ltd [2011] NSWSC 165 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 264 CLR 1 Samsung Electronics Company Ltd v Apple Inc (2011) 217 FCR 238 Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq) (2019) 99 NSWLR 317
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