NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Pheonix Builders Pty Ltd v Deca Australia Pty Ltd [2021] NSWSC 581 Hearing dates: 18 May 2021 Date of orders: 18 May 2021 Decision date: 18 May 2021 Jurisdiction: Equity - Commercial List Before: Rees J Decision: Refuse interim relief staying enforcement of adjudicator's determination. Catchwords: BUILDING AND CONSTRUCTION – interim relief –applicant claims no construction contract – similar contention made to adjudicator, but withdrawn – adjudicator determined had jurisdiction – jurisdictional challenge now revived in this Court – respondent alleged to be insolvent – interim relief refused. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) ss 24, 25 Cases Cited: Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421; [2004] NSWCA 394 Hakea Holdings Pty Limited v Denham Constructions Pty Ltd [2016] NSWSC 1120 IWD No 2 Pty Ltd v Level Orange Pty Ltd [2012] NSWSC 1439 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 264 CLR 1; [2018] HCA 4 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238; [2011] FCAFC 156 Shell Refining (Australia) Pty Ltd v AJ Mayr Engineering Pty Ltd [2006] NSWSC 94 Category: Procedural rulings Parties: Pheonix Builders Pty Ltd (Plaintiff) Deca Australia Pty Ltd (First Defendant) Australian Solutions Centre (Second Defendant) Paul J. Hick (Third Defendant) Representation: Counsel: D Byrne (Plaintiff) L Shipway (First Defendant)
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