Dial D v Kingston Building (Australia); Kingston Building (Australia) v Dial D [2014] NSWSC 1031

Supreme Court New South Wales

Medium Neutral Citation: Dial D v Kingston Building (Australia); Kingston Building (Australia) v Dial D [2014] NSWSC 1031 Hearing dates: 17/07/2014 Decision date: 31 July 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Reasons for stay and other orders made on 17 July 2014. Catchwords: PROCEDURE - application to stay proceedings under a construction contract and winding up proceedings pending outcome of arbitration application - where winding up proceedings involve the same parties and are based upon a Judgment debt between the parties - where undertaking given not to call on loans - whether overlap between winding up proceedings and arbitration - whether in public interest - whether additional order for security for costs ought be granted if winding up proceedings are stayed Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Cases Cited: Australian Beverage Distributors Pty Ltd v Evans and Tate Premium Wines Pty Limited (2007) 61 ACSR 441 Teubner v Humble (1963) 108 CLR 491 Category: Procedural and other rulings Parties: Dial D Pty Limited (as the trustee for the Smith Street Unit Trust) (Plaintiff) (2014/74787) Kingston Building (Australia) Pty Ltd (Defendant) Kingston Building (Australia) Pty Ltd (Plaintiff) (2014/80678) Dial D Pty Limited (Defendant) Representation: Counsel: FF Corsaro SC / FG Kalyk (Plaintiff) (2014/74787) JB Simpkins SC / FP Hicks (Defendant) Solicitors: Keystone Lawyers (Plaintiff) (2014/74787) Moray & Agnew Lawyers (Defendant) File Number(s): 2014/74787 and 2014/80678