Taylor Projects Group Pty Limited v Brick Dept. Pty Limited & Ors [2005] NSWSC 571

New South Wales Supreme Court

CITATION : Taylor Projects Group Pty Limited v Brick Dept. Pty Limited & Ors [2005] NSWSC 571

HEARING DATE(S) : 15/06/05

JUDGMENT DATE : 17 June 2005

Equity Division JURISDICTION : Technology and Construction List

JUDGMENT OF : Einstein J

DECISION : The parties are required to bring in short minutes of order

CATCHWORDS : Building and construction - Practice and procedure - Proceedings by head contractor against subcontractor seeking to impugn an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 (NSW) - Agreement to the effect that plaintiff would refrain from seeking injunctive relief to prevent determination registration and would pay funds into Court on the basis that in the event defendant succeeded in upholding adjudication determination, subject funds would be released to defendant forthwith upon it filing the adjudication certificate as a judgment in a court pursuant to the Act - District Court proceedings to determine the parties respective legal rights on final basis - Decision of Supreme Court that adjudication determination valid - Plaintiff opposes release to defendant of funds held by Supreme Court contending that defendant's financial position demonstrates substantial risk that it would be unable to repay funds in event plaintiff succeeded in establishing that the funds should not have been paid on final determination of the parties legal rights - Holding as to level of risk of prejudice to constitute a ground for refusal to pay out funds to defendant - Interim injunction said to be pursued in the absence of claim to final relief - Contract - Specific performance

Building and Construction Industry Security of Payment Act 1999 (NSW) LEGISLATION CITED : Industrial Relations Act.