SRG Civil Pty Ltd v Brolton Group Pty Ltd [2018] NSWSC 618

Supreme Court New South Wales

Medium Neutral Citation: SRG Civil Pty Ltd v Brolton Group Pty Ltd [2018] NSWSC 618 Hearing dates: 11 April 2018 Decision date: 18 May 2018 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to UCPR r 37.4(4)(b), the plaintiff's application to rescind the instalment order made by Assistant Deputy Registrar Gerristen on 20 December 2017 (that the defendant pay the plaintiff the outstanding judgment sum by monthly instalments of $150,000 plus any GST payable) is dismissed.

(2) The plaintiff is to pay the defendant's costs on the ordinary basis.

(3) The parties have leave to file submissions seeking a different costs order within 14 days of this judgment. Catchwords: CIVIL PROCEDURE – Default judgment – Payment by instalment order granted by registrar – Objection – Whether instalment order should remain on foot – Whether full satisfaction of judgment debt more likely through instalment payments Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8, 9, 13, 14, 15, 32, 34 Civil Procedure Act 2005 (NSW), s 107 Uniform Civil Procedure Rules 2005 (NSW), rr 37.3, 37.4 Cases Cited: Chint Australisa Pty Limited v Socmoluce Pty Ltd [2008] NSWSC 1054 Hellier Capital Pty Ltd v Albarran [2009] NSWSC 403 In the Matter of Australian Institute of Fitness (Vic & Tas) [2016] NSWSC 1143 Category: Procedural and other rulings Parties: SRG Civil Pty Ltd (Plaintiff) Brolton Group Pty Ltd (Defendant) Representation: Counsel: Mr S Jayasuriya (Plaintiff) Mr D Hand (Defendant)