Bellerive Homes Pty Ltd v FW Projects Pty Ltd [2018] NSWSC 1435

Supreme Court New South Wales

Medium Neutral Citation: Bellerive Homes Pty Ltd v FW Projects Pty Ltd [2018] NSWSC 1435 Hearing dates: 17 and 18 September 2018 Date of orders: 24 September 2018 Decision date: 24 September 2018 Jurisdiction: Common Law Before: N Adams J Decision: (1) The notion of motion filed 3 August 2018 seeking a stay of the judgment of this Court on 18 May 2018 is dismissed.

(2) Unless an application for a different order is made in writing to my Associate within seven days, FW is to pay Bellerive's reasonable costs of the motion. Catchwords: CIVIL PROCEDURE – Judgment obtained by plaintiff upon the filing of an adjudication certificate under Building and Construction Industry Security of Payment Act 1999 (NSW) – Application by defendant to stay execution of judgment pending determination of proceedings in the Equity Division – Whether stay should be granted – Discretionary factors Legislation Cited: Building and Construction Industry Payments Act 2004 (Qld) Building and Construction Industry Security of Payment Act 1999 (NSW), ss 3, 4, 13, 14, 17, 21, 22, 23, 25, 32 Civil Procedure Act 2005 (NSW), s 98 Home Building Act 1989 (NSW), s 18B Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd (2006) 67 NSWLR 9; [2006] NSWCA 238 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393; [2010] NSWCA 190 Grosvenor Constructions NSW Pty Ltd v Musico (2005) 21 BCL 266; [2004] NSWSC 344 Herscho v Expile Pty Ltd [2004] NSWCA 468 J & Q Investments Pty Ltd v ZS Constructions (NSW) Pty Ltd [2008] NSWCA 203 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 351 ALR 225; [2018] HCA 4 R J Neller Building Pty Ltd v Ainsworth (2009) 1 Qd R 390; [2008] QCA 397 Taylor Projects Group Pty Ltd v Brick Department Pty Ltd [2005] NSWSC 571 Veolia Water Solutions & Technologies (Australia) Pty Ltd v Kruger Engineering Australia Pty Ltd (No 3) [2007] NSWSC 459 Category: Procedural and other rulings Parties: Bellerive Homes Pty Ltd (Plaintiff) FW Projects Pty Ltd (Defendant) Representation: Counsel: A Leopold SC with A Bhasin (Plaintiff) F Corsaro SC (Defendant)