National Plant and Equipment Pty Ltd v Subzero Services Pty Ltd [2014] NSWSC 1321

Supreme Court New South Wales

Medium Neutral Citation: National Plant and Equipment Pty Ltd v Subzero Services Pty Ltd [2014] NSWSC 1321 Hearing dates: 23 September 2014 Decision date: 25 September 2014 Jurisdiction: Common Law Before: Schmidt J Decision: 1.Tarrawonga Coal retain in its hands until judgment is given in the proceedings, or as the Court otherwise orders, all money payable or becoming payable by it to Subzero Services Pty Ltd ACN 086 937 984, or if that amount exceeds $598.797.10, then the amount of $598.797.10. 2.That the statement of claim, the notice of motion, the affidavit and these orders be served on the defendant by service on Equilaw Solicitors by email to danielmorgan@equilaw.com.au by 4pm, Friday 26 September 2014. 3.That the statement of claim, the notice of motion, the affidavit and these orders be served on Tarrawonga Coal by 4pm, Friday 26 September 2014. 4. That the matter be listed before the Duty Judge on Tuesday 1 October at 10 am. 5. Costs are reserved. Catchwords: PROCEDURE - notice of motion - ex parte application - Contractors Debts Act 1997 - attachment order - orders sought granted Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Contractors Debts Act 1997 (NSW) Cases Cited: De Martin & Gasparini v Energy Australia & Anor [2002] NSWCA 330; 55 NSWLR 577 Category: Interlocutory applications Parties: National Plant and Equipment Pty Ltd ACN 078 654 323 (Plaintiff) Subzero Services Pty Ltd ACN 086 937 984 (Defendant) Representation: Counsel: Mr E Walker (Plaintiff) Solicitors: Sparke Helmore File Number(s): 2014/278870 Publication restriction: None