NSW Caselaw
New South Wales Supreme Court
CITATION : Glen Eight v Home Building [2005] NSWSC 907
HEARING DATE(S) : 6 September 2005
JUDGMENT DATE : 6 September 2005
Equity JURISDICTION : Technology & Construction List
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 builder from applying for certificate relating to the determination - balance of convenience - terms upon which injunction to be issued - whether security to be provided for payment of amount of adjudication determination plus interest - whether security to be provided for amount of adjudicator's fees not paid by proprietor
Building and Construction Industry Security of Payment Act 1999 LEGISLATION CITED : Home Building Act 1989
Australian Remediation Services v Earth Tech Engineering [2005] NSWSC 715 CASES CITED : Brodyn Pty Ltd t/as Time Cost & Quality v Davenport (2004) 61 NSWLR 421 Timwin Construction Pty Ltd v Facade Innovations Pty Ltd & Ors [2005] NSWSC 548
Glen Eight Pty Ltd - Plaintiff Home Building Pty Ltd (in liq) - First Defendant PARTIES : Interco Pty Ltd - Second Defendant Institute of Arbitrators and Mediators Australia - Third Defendant Timothy Sullivan - Fourth Defendant
FILE NUMBER(S) : SC 55069/05
PR Callaghan SC; DR Sibtain - Plaintiff COUNSEL : K Lee, solicitor - First Defendant MG Rudge SC; T Thomas - Second Defendant
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