Federal Court of Australia
Federal Court of Australia
Dickson Developments Precinct 1 Pty Ltd v Core Building Group Pty Ltd (No 3) [2023] FCA 1518 File number(s): ACD 64 of 2023
Judgment of: BURLEY J
Date of judgment: 30 November 2023
Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking a stay of orders for the release of money paid into Court pending the determination of an appeal in the proceedings – where an oral application for a stay already made before the primary judge – where the evidence adduced as to the solvency of the first respondent insufficient to establish entitlement to relief in the context – application dismissed
Legislation: Federal Court Rules 2011 (Cth) rr 36.08, 36.08(2) Building and Construction Industry (Security of Payments) Act 2009 (ACT) ss 27(4), 38 Building and Construction Industry Security of Payment Act 1999 (NSW) ss 25(4), 32
Cases cited: A-Civil Aust Pty Ltd v Ceerose Pty Ltd [2023] NSWCA 144 Dickson Developments Precinct 1 Pty Ltd v Core Building Group Pty Ltd [2023] FCA 1473 Dickson Developments Precinct 1 Pty Ltd v Core Building Group Pty Ltd (No 2) [2023] FCA 1482 Esco Corp v Packaging Logo Mining Pty Ltd [2008] FCA 1018 Powerflex Services Pty Ltd v Data Access Corporation [1996] FCA 460; (1996) 67 FCR 65 Re Middle Harbour Investment Ltd (In liq) (unreported, New South Wales Court of Appeal, 15 December 1976)
Division: General Division
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