N Moit & Sons (NSW) v Denham Constructions [2014] NSWSC 905

Supreme Court New South Wales

Medium Neutral Citation: N Moit & Sons (NSW) v Denham Constructions [2014] NSWSC 905 Hearing dates: 03/07/2014 Decision date: 03 July 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Application for interlocutory injunction dismissed with costs as between the plaintiff and the first and second defendants. No orders as to costs as between the plaintiff and the third defendant. Catchwords: PROCEDURE - application for interlocutory injunctive relief - where relief sought under s 26B, Div 2A of the Building and Construction Industry Security of Payment Act 1999 (NSW) - whether serious question to be tried - where relief sought under s 14 of the Contractors Debts Act 1997 (NSW) - whether sufficient evidence that defendant owes unpaid person money under- whether to grant injunction under court's general power where granting relief would be inconsistent with policy of Building and Construction Industry Security of Payment Act 1999 (NSW) - whether to grant injunction under court's general power where no real risk of detriment to applicant. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Contractors Debts Act 1997 (NSW) Category: Procedural and other rulings Parties: N. Moit & Sons (NSW) Pty. Ltd. Trading as MOITS (Plaintiff) Denham Constructions Pty Limited (First Defendant) Denham Constructions Project Company 960 Pty Ltd (Second Defendant) FAL Management Group Pty Ltd as trustee for the TF Investment Trust (Third Defendant) Representation: Counsel: S A Wells (Plaintiff) M Christie SC / L Shipway (First and Second Defendants) G Sirtes SC / D Robertson (Third Defendant) Solicitors: Lazarus Legal Group Pty Ltd (Plaintiff) Crisp Legal (First and Second Defendants) Thomsons Lawyers (Third Defendant) File Number(s): 2014/193475