Shotcrete Australia Pty Ltd v Libdy Developments Pty Ltd t/as Civil Transport [2021] NSWSC 783

Supreme Court New South Wales

Medium Neutral Citation: Shotcrete Australia Pty Ltd v Libdy Developments Pty Ltd t/as Civil Transport [2021] NSWSC 783 Hearing dates: 15 June 2021 Decision date: 15 June 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: Motion filed 16 March 2021 by T1 Constructions 1. Dismiss the notice of motion filed 16 March 2021 by T1 Constructions Pty Ltd for payment into court of the amount of $259,870. 2. No order as to costs of the motion filed 16 March 2021 by T1 Constructions Pty Ltd. Motion filed 18 February 2021 by Shotcrete 1. Order that T1 Constructions Pty Ltd pay the sums of $259,870 and $53,400 to the plaintiff Shotcrete Australia Pty Ltd. 2. Order that Libdy Developments Pty Ltd and T1 Constructions Pty Ltd be jointly and severally liable for the costs of Shotcrete Australia Pty Ltd of the motion filed 18 February 2021, such costs to be payable forthwith on the ordinary basis. Catchwords: JUDGMENTS AND ORDERS — Enforcement — Garnishee order — Discretion to make order absolute Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), Div 2A, ss 14-16, 24 Civil Procedure Act 2005 (NSW), s 124 Uniform Civil Procedure Rules 2005 (NSW), rr 39.43, 39.34 Cases Cited: Brown v Forrest [2017] NSWSC 1810 Coshott v Coshott [2017] FCA 1239 Lewis v Lamb [2012] NSWSC 244 Re C & L Cameron Pty Ltd; Gazzana v Nadalan Enterprises Pty Ltd [2012] NSWSC 676 Re European Life Assurance Society (1869) LR 9 Eq 122 Westpac Banking Corporation v Morris [1998] NSWSC 666 Category: Procedural rulings Parties: Motion filed 18 February 2021 Shotcrete Australia Pty Ltd (Plaintiff/Applicant) Libdy Developments Pty Ltd (Defendant/Respondent) T1 Constructions Pty Ltd (Respondent)