Smith v Impero Pacific Group Pty Ltd t/as Impero Constructions [2024] NSWSC 1234

Smith v Impero Pacific Group Pty Ltd t/as Impero Constructions [2024] NSWSC 1234

Proceedings should be stayed until Ms Smith pays the adjudicated amount into Court because, despite her lack of present funds, her assets are likely to be realised within a reasonable timeframe enabling her compliance, and Impero's entitlement to the fruits of the adjudication determination should be preserved.

Parties
Plaintiff/respondent: Samantha Smith; First Defendant/applicant: Impero Pacific Group Pty Ltd trading as Impero Constructions; Second Defendant: John O'Brien
Jurisdiction
Australia
Judgment Date
26 September 2024
Procedural Posture
Equity Technology and Construction List / Stay Application Interlocutory Ruling
Outcome
Proceedings stayed until the plaintiff pays into Court the sum of the adjudication determination
Legal Topics
Adjudication Determination, Security of Payment, Stay of Proceedings, Payment Into Court
Building and Construction Law Adjudication Determination Security of Payment Stay of Proceedings Payment Into Court

Case Brief

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Parties

Samantha Smith

Plaintiff/respondent

Impero Pacific Group Pty Ltd trading as Impero Constructions

First Defendant/applicant

John O'Brien

Second Defendant

Procedural Posture

Equity Technology and Construction List / Stay Application Interlocutory Ruling

Legal Issues

  1. 1 Whether proceedings should be stayed until the plaintiff pays the adjudicated amount into Court
  2. 2 Plaintiff's financial incapacity to pay adjudicated amount
  3. 3 Whether payment into Court is necessary pending review of adjudication determination

Ratio Decidendi

Proceedings should be stayed until Ms Smith pays the adjudicated amount into Court because, despite her lack of present funds, her assets are likely to be realised within a reasonable timeframe enabling her compliance, and Impero's entitlement to the fruits of the adjudication determination should be preserved.

Court Disposition

Proceedings stayed until the plaintiff pays into Court the sum of the adjudication determination

Orders

  • Proceedings stayed until plaintiff pays into Court the sum of the adjudication determination as per paragraphs 1 and 3 of the first defendant's notice of motion filed 19 September 2024