NSW Caselaw
New South Wales District Court
CITATION: Total Process Services v Nepean Engineering Pty Limited [2005] NSWDC 12
HEARING DATE(S): 2, 5 September 2005
JUDGMENT DATE: 5 September 2005
JURISDICTION: Civil
JUDGMENT OF: Rein SC DCJ
DECISION: Motion dismissed.
CATCHWORDS: Claim by subcontractor on contractor pursuant to Building and Construction Industry Security of Payment Act 1999 - Summary judgment previously granted following failure of contractor to respond in accordance with provisions of the Act - Effect of liquidation of the subcontractor company - Basis on which appropriateness of a stay of judgment considered
Building and Construction Industry Security of Payment Act 1999 LEGISLATION CITED: Corporations Act 2001 (Cth), s 500 Legal Profession Act 1987, s 198L
Blair v Curran (1939) 62 CLR 465 Brodyn Pty Ltd v Davenport [2004] NSWCA 394 Re FAI General Insurance Co Ltd [2002] NSWSC 262 Grosvenor Constructions NSW Pty Ltd (in administration) v Musico [2004] NSWSC 344 Hershco v Expile Pty Ltd [2004] NSWCA 468 CASES CITED: Kalifair Pty Ltd v Digi-Tech (Australia) Ltd; McLean Tecnic Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737 Re Middle Harbour Investments [1997] ACLD 008 National Mutual v Macquarie Bank (1996) 40 NSWLR 543 Ogilvie-Grant v East (1983) 7 ACLR 669 Taylor Projects Group Pty Limited v Brick Department Pty Limited [2005] NSWSC 571 Transgrid v Siemens [2004] NSWCA 395
PARTIES: Total Process Services (Respondent) Nepean Engineering Pty Limited (Applicant)
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