Superb Build Pty Ltd v Petrosyan [2023] NSWDC 2

District Court New South Wales

Medium Neutral Citation: Superb Build Pty Ltd v Petrosyan [2023] NSWDC 2 Hearing dates: 3 February 2023 Date of orders: 16 February 2023 Decision date: 16 February 2023 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) On the continuation of the usual undertaking as to damages by the defendants, and on the undertaking by the defendants to prosecute District Court proceedings 2022/360925 with due despatch, the enforcement of the judgment in these proceedings, any garnishee orders made against the defendants and the writ of levy of property against the defendants be stayed until 5.00pm on the first day of the hearing of District Court proceedings 2022/360925 or otherwise ordered. (2) The plaintiff/respondent pay the costs of the defendants/applicants of the Notice of Motion filed on 30 November 2022. Catchwords: CIVIL PROCEDURE— Stay of enforcement pending determination of related proceedings BUILDING AND CONSTRUCTION – stay of judgment giving effect to adjudication under Building and Construction Industry Security of Payment Act 1999 (NSW) Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), s 3, s 17, s 25 Civil Procedure Act 2005 (NSW), s 67, s 135 District Court Act 1973 (NSW), s 156 Home Building Act 1989 (NSW), s 7, s 10, s 92 Cases Cited: Ceerose Pty Ltd v A-Civil Aust Pty Ltd [2022] NSWSC 1487 Hakea Holdings Pty Limited v Denham Constructions Pty Ltd; BaptistCare NSW & ACT v Denham Constructions Pty Ltd [2016] NSWSC 1120 J & Q Investments Pty Ltd v ZS Constructions (NSW) Pty Ltd [2008] NSWCA 203 Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2018] NSWCA 33 Team Dreegan Pty Limited v Symich Building Pty Limited [2021] NSWDC 825 TFM Epping Land Pty Limited v Decon Australia Pty Limited [2020] NSWCA 118 Category: Procedural rulings Parties: Superb Build Pty Ltd (plaintiff/respondent to notice of motion) Eric Petrosyan and Yeranuchi Petrosyan (defendants/applicants on notice of motion) Representation: Counsel: Mr G McDonald (plaintiff/respondent to notice of motion) Mr F Corsaro SC with Mr M Auld (defendants/applicants on notice of motion)