Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWSC 1791

Supreme Court New South Wales

Medium Neutral Citation: Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWSC 1791 Hearing dates: 20 November 2018 Decision date: 21 November 2018 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Plaintiff's Notice of Motion of 20 November 2018 be dismissed with costs Catchwords: BUILDING AND CONSTRUCTION – application by owner to quash adjudicator's determination in favour of builder dismissed by judge of the division and confirmed by Court of Appeal – whether funds paid into court by owner pending challenge to the determination should be retained in court pending determination of underlying building dispute – where judge hearing application to quash determination had rejected such an application – where Court of Appeal refused to entertain application – whether factors of inability of builder to repay established – whether any factors beyond those available to owner when making original application established Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Cases Cited: Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393; [2010] NSWCA 190 Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWSC 1229 Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWCA 276 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 RJ Neller Building Pty Ltd v Ainsworth [2009] 1 Qd R 390; [2008] QCA 397 Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2018] NSWCA 33 Category: Procedural and other rulings Parties: Goodwin Street Developments Pty Ltd as trustee for Jesmond Unit Trust (Plaintiff/Applicant) DSD Builders Pty Ltd (Defendant/Respondent) Representation: Counsel: F P Hicks SC (Plaintiff/Applicant) D Hume (Defendant/Respondent)