NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: FAL Management Group v Denham Constructions [2014] NSWSC 747 Hearing dates: 04/06/2014 Decision date: 04 June 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Application for interlocutory injunctive relief dismissed with costs. Catchwords: BUILDING AND CONSTRUCTION - building contracts - adjudication determinations - whether plaintiff can appropriate payment made in respect of an earlier adjudication determination against a later payment claim
PROCEDURE - interlocutory injunctive relief - whether as a matter of discretion relief should be granted
PROCEDURE - costs - general rule costs follow the event Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Pacific General Security Limited v Soliman & Sons Pty Limited [2005] NSWSC 378 Category: Procedural and other rulings Parties: FAL Management Group Pty Ltd as trustee for TF Investment Trust (Plaintiff) Denham Constructions Pty Ltd (First Defendant) Navid King (Second Defendant) Adjudicate Today Pty Limited (Third Defendant) Representation: Counsel: D S Weinberger (Plaintiff) M Christie SC / J E Davidson (Defendants) Solicitors: Thomsons Lawyers (Plaintiff) Crisp Legal (First Defendant) King Lawyers (Second Defendant) Moray & Agnew (Third Defendant) File Number(s): 2014/164889
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