Dickson Developments Precinct 1 Pty Ltd v Core Building Group Pty Ltd (No 2) [2023] FCA 1482

Federal Court of Australia

Dickson Developments Precinct 1 Pty Ltd v Core Building Group Pty Ltd (No 2) [2023] FCA 1482 File number(s): ACD 64 of 2023

Judgment of: JACKMAN J

Date of judgment: 27 November 2023

Date of publication of reasons: 28 November 2023

Catchwords: PRACTICE AND PROCEDURE – application for stay of orders for the release of money paid into Court and the release of the first respondent from an undertaking not to enforce an adjudication determination – where no evidence led regarding the solvency of the first respondent – application dismissed

Legislation: Building and Construction Industry (Security of Payments) Act 1999 (NSW)

Cases cited: A-Civil Aust Pty Ltd v Ceerose Pty Ltd [2023] NSWCA 144

Division: General Division

Registry: Australian Capital Territory

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 3

Date of hearing: 27 November 2023

Counsel for the Applicant: Mr P Walker SC

Solicitor for the Applicant: HFW Australia

Counsel for the First Respondent: Mr D L Cook SC

Solicitor for the First Respondent: Crisp Law

Counsel for the Second Respondent: The Second Respondent entered a submitting appearance

ORDERS ACD 64 of 2023

BETWEEN: DICKSON DEVELOPMENTS PRECINCT 1 PTY LTD Applicant

AND: CORE BUILDING GROUP PTY LTD First Respondent

MAX TONKIN Second Respondent

order made by: JACKMAN J DATE OF ORDER: 27 NOVEMBER 2023

THE COURT ORDERS THAT:

1. The application by the applicant for a stay of paragraph 3 of my orders of 27 November 2023 be dismissed. 2. The applicant pay the first respondent's costs of that application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.