YTO Construction Pty Ltd v Innovative Civil Pty Ltd (No 2) [2019] NSWSC 1330

Supreme Court New South Wales

Medium Neutral Citation: YTO Construction Pty Ltd v Innovative Civil Pty Ltd (No 2) [2019] NSWSC 1330 Hearing dates: 23 July 2019 Date of orders: 26 July 2019 Decision date: 26 July 2019 Jurisdiction: Equity - Technology and Construction List Before: Rein J Decision: 1. The Defendant to pay the sum of $450,000 into Court within 7 days. 2. The Defendant to pay the Plaintiff's costs of the Motion on the ordinary basis, as agreed or assessed. Catchwords: JUDGMENTS AND ORDERS – Where the NSW Court of Appeal, accepting the defendant's submissions, had ordered the defendant to pay into Court a sum of $399,000 (plus GST and interest) subject to any further or different order made by a judge of the Supreme Court – Where the defendant sought, by notice of motion, to vary the Court of Appeal's order to require only $60,000 to be paid into Court on grounds of impecuniosity – Where the defendant's impecuniosity was not revealed to the Court of Appeal and the reasons for the defendant's impecuniosity have not been explained, particularly with respect to what the defendant did with substantial adjudication monies received the previous year. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Hi-Fert Pty Ltd v Kiukiang Maritime Carries Inc (No 3) (1998) 86 FCR 374; 155 ALR 94 ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 48 FCR 248 YTO Construction Pty Ltd v Innovative Civil Pty Ltd [2018] NSWSC 1354 YTO Construction Pty Ltd v Innovative Civil Pty Ltd [2019] NSWCA 110 Texts Cited: Nil Category: Procedural and other rulings Parties: YTO Construction Pty Ltd (Plaintiff/Respondent) Innovative Civil Pty Ltd (Defendant/Applicant) Representation: Counsel: Mr M. Pesman SC with Mr J. T. Johnson (Plaintiff/Respondent) Mr D. Hume (Defendant/Applicant) File Number(s): 2018/97840 Publication restriction: Nil