Classic Scaffolding Pty Ltd ACN 118785250 v Smartscaff Pty Ltd ACN 146220260 [2019] NSWDC 33

District Court New South Wales

Medium Neutral Citation: Classic Scaffolding Pty Ltd ACN 118785250 v Smartscaff Pty Ltd ACN 146220260 [2019] NSWDC 33 Hearing dates: 21 and 22 February 2019 Decision date: 01 March 2019 Jurisdiction: Civil Before: Mahony SC DCJ Decision: Temporary stay of proceedings granted on terms; for orders see [61] Catchwords: Stay of proceedings Legislation Cited: Civil Procedure Act 2005 District Court Act 1973 Evidence Act 1995 Supreme Court Rules (General Civil Procedure) Rules 2015 (Vic) Cases Cited: L & W Developments Pty Ltd v Della [2003] NSWCA 140 Russell v Abbey [2018] VSC 259 Sterling Pharmaceuticals Pty Ltd v Boots Co (Australia) Pty Ltd (1992) 34 FCR 287 Tomlinson v Ramsay Foods (2015) 256 CLR 507 UBS AG v Tyne [2018] HCA 45 Category: Procedural and other rulings Parties: Classic Scaffolding Pty Ltd (Plaintiff/Respondent) Smartscaff Pty Ltd (Defendant/Applicant) Representation: Counsel: A Spencer (Plaintiff/Respondent) J S Zmood (Defendant/Applicant)

Solicitors: M+K Lawyers Group Pty Ltd Brown & Partners Solicitors File Number(s): 18/153582 Publication restriction: Nil

Judgment on notice of motion 1. The defendant, by Notice of Motion filed on 31 October 2018, seeks the following orders: 1. Pursuant to s 67 of the Civil Procedure Act 2005 ("CPA") and/or s 156 of the District Court Act 1973 ("DCA"), that the proceeding be stayed permanently. 2. Alternatively, pursuant to s 67 of the CPA and/or s 156 of the DCA, an order that the proceeding be stayed until final judgment has been entered in the Victorian Supreme Court in proceeding number SECI‑2017-00130. 3. The plaintiff is to pay the defendant's costs of the Notice of Motion. 4. The plaintiff is to pay the defendant's costs of the proceeding. 5. Such further orders as the court thinks fit.