Samadi Developments Pty Limited v SX Projects Pty Limited [2015] NSWSC 1576

Supreme Court New South Wales

Medium Neutral Citation: Samadi Developments Pty Limited v SX Projects Pty Limited [2015] NSWSC 1576 Hearing dates: 23 October 2015 Decision date: 28 October 2015 Before: Ball J Decision: (1) the plaintiff give security for the defendant's costs of and incidental to the proceeding in the sum of $250,000 within 28 days;

(2) the proceeding be stayed if security is not provided in accordance with order (1);

(3) the plaintiff pay half the defendant's costs of and incidental to the defendant's motion filed on 4 September 2015. Catchwords: PROCEDURE – judgments and orders – in general – application for stay of proceedings – where defendant has obtained judgment against plaintiff regarding progress payments pursuant to adjudication determination – where plaintiff has offsetting claim within the meaning of Corporations Act 2001 (Cth) s 459H – whether failing to grant a stay of proceedings until judgment debt is paid would be contrary to the policy of the Building and Construction Industry Security of Payment Act 1999 (NSW) PROCEDURE – costs – security for costs – quantum – reasonability of costs estimates Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Supreme Court Act 1970 (NSW) Cases Cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Dynamics Co Pty Limited v G and M Nicholas Pty Limited [2012] NSWSC 206 Grant Constructions Pty Limited v Claron Constructions Pty Limited [2006] NSWSC 369 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Category: Procedural and other rulings Parties: Samadi Developments Pty Limited ACN 158 487 908 (Plaintiff/Respondent) SX Projects Pty Limited ACN 160 440 111 (Defendant/Applicant) Representation: Counsel: