Australian Consulting Engineers Pty Limited v Mistrina Pty Limited (in liq) [2021] NSWSC 449

Supreme Court New South Wales

Medium Neutral Citation: Australian Consulting Engineers Pty Limited v Mistrina Pty Limited (in liq) [2021] NSWSC 449 Hearing dates: 27 April 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Retain part of the funds in Court pending proceedings commenced by the appellants against their judgment creditor; remaining funds to be paid out to the appellants Catchwords: PRACTICE AND PROCEDURE – funds in Court – interpleader – motion remitted from Court of Appeal – whether funds should be paid out to successful appellants – where garnishee order made directed to respondent – whether part of funds should remain in court pending proceedings commenced by appellants against judgment creditor Cases Cited: Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd [2020] NSWCA 223 Category: Procedural rulings Parties: Australian Consulting Engineers Pty Ltd (Plaintiff/Applicant) Mistrina Pty Ltd (in liq) (Defendant/First Respondent) Sikos (deceased) Estate of Elias (Second Respondent) TBPL1 Pty Ltd (Third Respondent) Representation: Counsel: T Marskell (Plaintiff/Applicant) M Christie SC with D Hume and R Thrift (Defendant/First and Second Respondents) P W Gray SC (Third Respondent)

Solicitors: Wotton+Kearney (Plaintiff/Applicant) Gillis Delaney Lawyers (Defendant/First and Second Respondents) Mason Parkes Lawyers (Third Respondents) File Number(s): 2021/87516