PPK Willoughby v Eighty Eight Construction (No.2) [2014] NSWSC 839

Supreme Court New South Wales

Medium Neutral Citation: PPK Willoughby v Eighty Eight Construction (No.2) [2014] NSWSC 839 Hearing dates: 25/06/2014 Decision date: 25 June 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Summons and second cross-claim dismissed with costs. First cross-claim stood over to final hearing in proceedings 2014/78684 with costs reserved. Catchwords: BUILDING AND CONSTRUCTION - Practice and procedure - application for stay of order that money paid into court for interlocutory relief be paid to defendant - whether to grant application for stay where risk that defendant may become insolvent before final relief granted - whether to grant application for stay where plaintiff considering whether to challenge earlier decision on appeal.

PROCEDURE - costs - whether to make an order as to costs in respect of cross-claim where cross-claim essentially defensive - whether to make an order as to costs where issues raised by cross-claim not yet decided Cases Cited: Grosvenor Constructions (NSW) Pty Ltd (in Administration) v Musico & Ors [2004] NSWSC 344 PPK Willoughby v Eighty Eight Construction [2014] NSWSC 760 Veolia Water Solutions v Kruger Engineering [No 3] [2007] NSWSC 49 Category: Procedural and other rulings Parties: PPK Willoughby Pty Ltd (Plaintiff) Eighty Eight Construction Pty Ltd (First Defendant) Scott Petersen (Second Defendant) Adjudicate Today Pty Limited (Third Defendant) Representation: Counsel: FP Hicks / M Kloucek (Plaintiff) L Shipway (Defendants) Solicitors: Madison Marcus (Plaintiff) Beazley Singleton (First Defendant) Moray & Agnew (Second and Third Defendants) File Number(s): 2014/68292