Nazero Group Pty Limited v Top Quality Construction Pty Limited [2015] NSWSC 232

Supreme Court New South Wales

Medium Neutral Citation: Nazero Group Pty Limited v Top Quality Construction Pty Limited [2015] NSWSC 232 Hearing dates: 11 March 2015 Decision date: 17 March 2015 Jurisdiction: Equity Division - Technology and Construction List Before: Hammerschlag J Decision: The proceedings be stayed unless the plaintiff pays into Court the unpaid portion of the adjudicated amount Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (the Act) – s 25(4)(b) of the Act requires a person who commences proceedings to have a judgment based on an adjudication certificate set aside to pay into Court as security the unpaid portion of the adjudicated amount – where a person commences proceedings seeking to challenge an adjudication where there is no judgment – whether an order should be made requiring the person to pay money into Court – approach to be taken HELD: In the present circumstances the amount should be paid into Court pending the challenge Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393 Dualcorp Pty Limited v Remo Constructions Pty Ltd (2009) 74 NSWLR 190 Brodyn Pty Ltd t/as Time Cost and Quality v Davenport (2004) 61 NSWLR 421 Batistatos v Roads and Traffic Authority of New South Wales (2006) 227 ALR 425 Filadelfia Projects Pty Limited v Entirity Business Services Pty Ltd [2010] NSWSC 473 Tombleson v Dancorell Constructions Pty Ltd [2007] NSWSC 1169 Lanmac (NSW – ACT) Pty Ltd v Wallace [2010] NSWSC 976 Surfabear Pty Ltd v GJ Drainage & Concrete Construction Pty Ltd [2009] QSC 308 Musico v Davenport [2003] NSWSC 977 Category: Procedural and other rulings Parties: Nazero Group Pty Limited - Plaintiff Top Quality Construction Pty Limited - First Defendant Representation: Counsel: B. DeBuse - Plaintiff S. Goldstein - First Defendant