Maxiwealth Holdings Pty Ltd v The Mill Goulburn Pty Ltd [2018] NSWSC 290

Supreme Court New South Wales

Medium Neutral Citation: Maxiwealth Holdings Pty Ltd v The Mill Goulburn Pty Ltd [2018] NSWSC 290 Hearing dates: 1-2 March 2018 Date of orders: 09 March 2018 Decision date: 09 March 2018 Jurisdiction: Equity Before: Robb J Decision: The application to vary interlocutory order is dismissed. The applicants are to pay the costs of the application. Catchwords: CIVIL PROCEDURE – Application to vary interlocutory order – whether sufficient basis to vary order – whether circumstances have sufficiently changed to warrant the variation of an interlocutory order – application to vary order dismissed Legislation Cited: Building and Construction Industry Security of Payments Act 1999 (NSW) Cases Cited: Maxiwealth Holdings Pty Ltd v The Mill Goulburn Pty Ltd [2018] NSWSC 115 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Cody v Live Board Holdings Pty Ltd (No 2) [2017] NSWSC 308 Category: Procedural and other rulings Parties: Maxiwealth Holdings Pty Ltd (Plaintiff) The Mill Goulburn Pty Ltd (First Defendant) Peter Mylonas (Second Defendant) Daniel Arthur James Mylonas (Third Defendant) Mylonas Investments Aust Pty Limited (Fourth Defendant) Southern Star Property Group Pty Ltd (Fifth Defendant) John Graham Kelly (Sixth Defendant) Representation: Counsel: L Gor (Plaintiff) J Knackstredt (First to Fourth Defendants)

Solicitors: Colin Biggers Paisley (Plaintiff) McLachlan Thorpe (First to Fourth Defendants) File Number(s): 2018/37998