NSW Caselaw
New South Wales Supreme Court
CITATION : Tombleson v Dancorell Constructions Pty Limited [2007] NSWSC 1169
HEARING DATE(S) : 12 October 2007
JUDGMENT DATE : 12 October 2007
JURISDICTION : Equity Division Technology & Construction List
JUDGMENT OF : Bergin J
EX TEMPORE JUDGMENT DATE : 12 October 2007
DECISION : These proceedings are stayed until the plaintiff provides a bank guarantee for $300,000 or pays that amount into Court.
CATCHWORDS : [STAY] - [SECURITY] Application to declare determination void - no application to set aside judgment - Building and Construction Industry Security of Payment Act 1999 - Whether proceedings should be stayed under s 25(4) pending payment of security by the plaintiff - whether stay should be ordered otherwise where pleadings appear to circumvent the intention of the legislation
Building and Construction Industry Security of Payment Act 1999 LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
CASES CITED : Jem Developments Pty Limited v Hansen Yuncken Pty Limited [2006] NSWSC 1087 Siemens Limited v Tolco Pty Limited (Unreported, Supreme Court of New South Wales, 11 December 2006)
PARTIES : Dancorell Constructions Pty Limited - applicant/first defendant Julianne Tombleson - respondent/plaintiff
FILE NUMBER(S) : SC 55062/2007
COUNSEL : JS Drummond - applicant/first defendant D Ash - respondent/plaintiff
SOLICITORS : Southern Districts Legal - applicant/first defendant Macedone Christie Willis - respondent/plaintiff
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