NSW Caselaw
New South Wales Supreme Court
CITATION : Springs Golf Club Pty Limited v Profile Golf Pty Limited & Anor [2006] NSWSC 395
HEARING DATE(S) : 05/05/06
JUDGMENT DATE : 5 May 2006
JURISDICTION : Equity Division Technology and Construction List
JUDGMENT OF : Einstein J
EX TEMPORE JUDGMENT DATE : 05/05/2006
DECISION : Order for payment out of funds paid into Court.
CATCHWORDS : Building and Construction Security of Payments Act 1999 (NSW) - Requirement that unsuccessful party having paid unpaid portion of adjudicated amount into Court be ready to proceed if opposing payment out - Impermissible use of subpoena/notice to produce for purposes of fishing to establish whether a basis exists to oppose payment out
LEGISLATION CITED : Building and Construction Security of Payments Act 1999 [NSW] Evidence Act 1995 (NSW)
Associated Dominions Assurance Society Pty Ltd v John Fairfax and Sons Pty Ltd [1952] 72 WN (NSW) 250 CASES CITED : Darryll Cullen v ZLB Behring LLC [2006] NSWSC 359 Grosvenor Constructions (NSW) Pty Limited (in admin) v Musico [2004] NSWSC 344 Herscho v Expile Pty Limited [2004] NSWCA 468
Springs Golf Club Pty Limited (Plaintiff) PARTIES : Profile Gold Pty Limited (First Defendant) William Donald Mawney Taylor (Second Defendant)
FILE NUMBER(S) : SC 55025/06
COUNSEL : Mr A Rogers (Plaintiff) Mr A Abadee (First Defendant)
SOLICITORS : Brennan Tipple Partners (Plaintiff) Cooper Grace Ward Lawyers (First Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST
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