Warrane Design Construct Fit-Out Pty Ltd v Woonona Bulli RSL Memorial Club Ltd [2025] NSWSC 123

Supreme Court New South Wales

Medium Neutral Citation: Warrane Design Construct Fit-Out Pty Ltd v Woonona Bulli RSL Memorial Club Ltd [2025] NSWSC 123 Hearing dates: 27 February 2025 Date of orders: 27 February 2025 Decision date: 27 February 2025 Jurisdiction: Common Law Before: Stevenson J Decision: Judgment stayed in part; funds to be paid into Court Catchwords: BUILDING AND CONSTRUCTION – where sub-contractor served on principal debt certificates under the Contractors Debts Act 1997 (NSW) – where effect of service was to assign to the sub-contractor the obligation of the principal to pay money owed under a contract with contractor – where contractor obtained judgment against principal and garnishee order following successful adjudication determination under the Building and Construction Industry Security of Payments Act 1999 (NSW) – whether judgment should be stayed in view of statutory assignment of debts CIVIL PROCEDURE – whether judgment obtained following successful adjudication determination under the Building and Construction Industry Security of Payments Act 1999 (NSW) should be stayed in view of statutory assignment of debts under the Contractors Debts Act 1997 (NSW) Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Contractors Debts Act 1997 (NSW) Cases Cited: Commissioner of Police (NSW) v Cottle (2022) 276 CLR 62; [2022] HCA 7 Commissioner of Police (NSW) v Eaton (2013) 252 CLR 1; [2013] HCA 2 Texts Cited: P Herzfeld and T Prince, Interpretation (3rd ed, Law Book Co, 2024) Category: Procedural rulings Parties: Warrane Design Construct Fit-Out Pty Ltd (Plaintiff/Judgment Creditor) Woonona Bulli RSL Memorial Club Ltd (Defendant/Judgment Debtor) Representation: Counsel: G Campbell (Plaintiff/Judgment Creditor) T Lynch SC / A Sivanathan (Defendant/Judgment Debtor)