MTR Corporation (Sydney) NRT Pty Ltd v Thales Australia Ltd [2020] NSWCA 226

MTR Corporation (Sydney) NRT Pty Ltd v Thales Australia Ltd [2020] NSWCA 226

A stay of enforcement of the adjudication determination is granted pending the hearing and determination of the application for leave to appeal (and appeal, if leave granted), since the applicants have a reasonably arguable basis on appeal, parties are protected as to insolvency risk, no relevant prejudice will accrue, and expedited appeal is listed soon, further noting the complexity from concurrent statutory and ACL claims.

Jurisdiction
Australia
Judgment Date
21 September 2020
Procedural Posture
Application for Interlocutory Restraining Order Pending Hearing of Appeal / Application for Interlocutory Relief Pending Leave to Appeal and Any Appeal
Outcome
Interlocutory restraining order granted pending appeal; costs order made against applicants for stay application; hearing of appeal fixed.
Legal Topics
['interlocutory Injunction' 'stay of Adjudication Determination' 'judicial Review' 'security of Payment Act' 'misleading or Deceptive Conduct' 'australian Consumer Law']
['practice and Procedure' 'building and Construction Law'] ['interlocutory Injunction' 'stay of Adjudication Determination' 'judicial Review' 'security of Payment Act' 'misleading or Deceptive Conduct' 'australian Consumer Law']

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Procedural Posture

Application for Interlocutory Restraining Order Pending Hearing of Appeal / Application for Interlocutory Relief Pending Leave to Appeal and Any Appeal

Legal Issues

  1. 1 ['Whether a stay should be granted restraining enforcement of adjudication determination under Building and Construction Industry Security of Payment Act 1999 (NSW) pending appeal' 'Appropriate test and relevant factors for stay applications following dismissal of judicial review on jurisdictional error' 'Effect of concurrent Australian Consumer Law claim for misleading or deceptive conduct']

Ratio Decidendi

A stay of enforcement of the adjudication determination is granted pending the hearing and determination of the application for leave to appeal (and appeal, if leave granted), since the applicants have a reasonably arguable basis on appeal, parties are protected as to insolvency risk, no relevant prejudice will accrue, and expedited appeal is listed soon, further noting the complexity from concurrent statutory and ACL claims.

Court Disposition

Interlocutory restraining order granted pending appeal; costs order made against applicants for stay application; hearing of appeal fixed.

Orders

  • ['First respondent restrained from enforcing Adjudication Determination No 2020058EA dated 5 June 2020 until hearing and determination of application for leave to appeal and, if granted, any appeal, including by: (a) obtaining adjudication certificate under s 24(1)(a) of the Act; (b) filing adjudication certificate...