Cobar Shire Council v Castlereagh Construction Group Pty Ltd [2017] NSWSC 86

Supreme Court New South Wales

Medium Neutral Citation: Cobar Shire Council v Castlereagh Construction Group Pty Ltd [2017] NSWSC 86 Hearing dates: 15 February 2017 Decision date: 15 February 2017 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Funds in Court to be paid out to defendant; plaintiff to pay costs on indemnity basis from date of Calderbank offer Catchwords: BUILDING AND CONSTRUCTION – challenge to adjudication determination – money paid into court as price for interlocutory injunction – application not pursued – proceedings to be instituted in District Court – whether funds in court should be paid to party with benefit of determination; PRACTICE AND PROCEDURE – funds in court – whether should be paid out to defendant; COSTS – Calderbank offer – whether unreasonable of plaintiff to not accept offer Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Cases Cited: Filadelfia Projects v EntirITy Business Services [2010] NSWSC 473 Procorp Civil Pty Limited v Napoli Excavations and Contracting Pty Limited (Supreme Court (NSW), Einstein J, 21 April 2006, unrep) Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 382 Veolia Water Solutions v Kruger Engineering (No 3) [2007] NSWSC 459 Category: Procedural and other rulings Parties: Cobar Shire Council (Plaintiff) Castlereagh Construction Group Pty Ltd (First Defendant) Australian Solutions Centre (Second Defendant) Scott Pettersson (Third Defendant) Representation: Counsel: B DeBuse (Plaintiff) S Robertson (First Defendant)