Australian Remediation Services v Earth Tech Engineering [2005] NSWSC 715

New South Wales Supreme Court

CITATION : Australian Remediation Services v Earth Tech Engineering [2005] NSWSC 715

HEARING DATE(S) : 14 July 2005

JUDGMENT DATE : 14 July 2005

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Interlocutory injunction granted on conditions

CATCHWORDS : BUILDING AND CONSTRUCTION - adjudication certificate under Building and Construction Industry Security of Payment Act 1999 issued - application for injunction to restrain appointing authority from issuing certificate relating to the determination, and to restrain recipient of the determination from filing any such certificate - balance of convenience - provision of bank guarantee - form of orders

LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999

Australian Remediation Services Pty Ltd v Earth Tech Engineering Pty Ltd [2005] NSWSC 362 CASES CITED : Brodyn Pty Ltd t/as Time Cost and quality v Davenport (2004) 61 NSWLR 421

Australian Remediation Services Pty Limited - Plaintiff Earth Tech Engineering Pty Limited - First Defendant PARTIES : Robert Hunt - Second Defendant The Institute of Arbitrators & Mediators Australia NSW Chapter - Third Defendant

FILE NUMBER(S) : SC 55056/05

M S Jacobs QC - Plaintiff COUNSEL : R G Forster SC - First Defendant

D Grynberg - Plaintiff Allens Arthur Robinson - First Defendant SOLICITORS : Unrepresented (Submitting Appearance) - Second Defendant Colin Biggers & Paisley (Submitting Appearance) - Third Defendant

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY & CONSTRUCTION LIST