FAL Management Group Pty Limited as Trustee for TF Investment Trust v Denham Constructions Pty Ltd [2017] NSWSC 150

Supreme Court New South Wales

Medium Neutral Citation: FAL Management Group Pty Limited as Trustee for TF Investment Trust v Denham Constructions Pty Ltd [2017] NSWSC 150 Hearing dates: 24 February 2017 Decision date: 24 February 2017 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: 1. To the extent necessary, leave be granted to the plaintiff pursuant to section 471B of the Corporations Act 2001 (Cth). 2. Judgment in District Court of New South Wales case number 2014/271622 entered on 16 September 2014 be permanently stayed. 3. The sum of $365,000.10 held by the Court and any interest accrued thereon be paid to the plaintiff. 4. Order 3 be stayed for 28 days. 5. The first defendant pay the plaintiff's costs of the notice of motion filed on 10 February 2017. 6. Leave is given to the plaintiff to make an application within 42 days of today's date for some other or additional order in relation to costs. 7. The first defendant's notice of motion filed on 15 December 2016 be dismissed with costs. Catchwords: BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) – stay of proceedings – whether stay of judgment should be lifted – release of payment made into Court Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Contractors Debts Act 1997 (NSW) Corporations Act 2001 (Cth) Cases Cited: Hakea Holdings Pty Limited v Denham Constructions Pty Ltd [2016] NSWSC 1120 Category: Consequential orders (other than Costs) Parties: FAL Management Group Pty Limited as Trustee for TF Investment Trust (Plaintiff) Denham Constructions Pty Ltd (First Defendant) N Moit & Sons (NSW) Pty Ltd trading as Moits (Second Defendant) Representation: Counsel: D Weinberger (Plaintiff) M Gracie (First Defendant) J Dooley (Second Defendant)