Smith v Impero Pacific Group Pty Ltd t/as Impero Constructions (No 2) [2024] NSWSC 1316

Supreme Court New South Wales

Medium Neutral Citation: Smith v Impero Pacific Group Pty Ltd t/as Impero Constructions (No 2) [2024] NSWSC 1316 Hearing dates: 17 October 2024 Date of orders: 17 October 2024 Decision date: 17 October 2024 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Stay of proceedings lifted; note the undertaking given to the Court by the Plaintiff Catchwords: BUILDING AND CONSTRUCTION – adjudication – adjudicated amount – where first defendant sought stay of these proceedings until plaintiff paid into Court the adjudicated amount – where plaintiff has no present ability to pay amount into Court – where Court ordered that proceedings be stayed until the plaintiff pays adjudicated amount into Court – where defendant has now served bankruptcy notice on plaintiff – where bankruptcy notice represents a change in circumstances sufficient to warrant reconsideration of the stay Legislation Cited: Bankruptcy Act 1996 (Cth) Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Smith v Impero Pacific Group Pty Ltd t/as Impero Constructions [2024] NSWSC 1234 Category: Procedural rulings Parties: Samantha Smith (Plaintiff/Respondent) Impero Pacific Group Pty Ltd trading as Impero Constructions (First Defendant/Applicant) John O'Brien (Second Defendant) Representation: Counsel: M Sheldon / J M Kadar (Plaintiff/Respondent) M Klooster (First Defendant/Applicant)

Solicitors: ITC Law Pty Ltd (Plaintiff/Respondent) Construction Legal (First Defendant/Applicant) Lauderdale Construction Lawyers (Second Defendant) File Number(s): 2024/292680