Black Label Developments Pty Ltd v McMenemy [2024] NSWDC 516

District Court New South Wales

Medium Neutral Citation: Black Label Developments Pty Ltd v McMenemy [2024] NSWDC 516 Hearing dates: 16 October 2024 Date of orders: 18 October 2024 Decision date: 18 October 2024 Jurisdiction: Civil Before: Waugh SC DCJ Decision: 1. On condition that the defendant pay into court the judgment sum less the amount recovered already by the plaintiff under garnishee within 7 days that judgment and orders in NSW District Court proceedings 2024/201168 be stayed and pending resolution of 2024/250069 2. I order the plaintiff pay the defendants cost of motion 3. I stand both sets of proceedings over for directions to the List Judge for 15 November 2024 Catchwords: JUDGMENTS AND ORDERS — STAY - Stay of enforcement of judgment under s.135 Civil Procedure Act 2005 – Judgment obtained under s.26 of the Building and Construction Industry Security of Payment Act 1999 (NSW) - Owner occupier construction contract – Residential building work – Deed of variation of contract – Owner seeks to have deed set aside on grounds of duress, undue influence, unconscionable conduct, misleading or deceptive conduct or pursuant to Contracts Review Act 1980 – Stay granted on condition money paid into Court. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Building and Construction Industry Security of Payment Amendment Regulation 2019 Building and Construction Security of Payment Amendment Act 2018 Building and Construction Security of Payment Regulation 2020 Civil Procedure Act 2005 Contracts Review Act 1980 District Court Act 1973 Home Building Act 1989 Cases Cited: Australia and New Zealand Banking Group Limited v Karam (2005) 64 NSWLR 149 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2006] NSWCA 238 R J Neller Building Pty Ltd v Ainsworth [2009] 1 Qd R 390 TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 118 Thorne v Kennedy (2017) 263 CLR 85 Webuildem Pty Ltd [2012] NSWSC 708 Texts Cited: Halsbury's Laws of Australia NSW Civil Procedure Handbook 2024 Category: Procedural rulings Parties: Black Label Developments Pty Ltd (Plaintiff) Nicholas John McMenemy (Defendant) Representation: Counsel: 16 October 2024 Mr B Le Plastrier (Plaintiff) Mr P Horobin (Defendant)