Team Dreegan Pty Ltd v Symich Building Pty Ltd [2021] NSWDC 825

Team Dreegan Pty Ltd v Symich Building Pty Ltd [2021] NSWDC 825

The stay was refused because Symich Building Pty Ltd did not establish a risk of irreparable prejudice or any substantial strength in its cross-claim beyond a relatively small liquidated damages claim. The residual liquidated damages claim was far less than the judgment sum, the evidence of Team Dreegan Pty Ltd's likely inability to meet any net cross-claim was weak, there was no evidence that Symich could meet the judgment amount if a stay were granted, Symich made no offer to pay the judgment amount into Court, and granting a stay would be inconsistent with the policy and objects of the Building and Construction Industry Security of Payment Act 1999.

Jurisdiction
Australia
Judgment Date
25 October 2021
Procedural Posture
Civil Proceedings Concerning a Stay of Judgment Arising From an Adjudication Under the Building and Construction Industry Security of Payment Act 1999 / Notice of Motion by Symich Building Pty Ltd Filed 29 September 2021 Seeking a Stay of Enforcement
Outcome
Notice of motion dismissed with costs payable by the applicant on the motion.
Legal Topics
['summary Disposal' 'judgment for Plaintiff' 'stay of Enforcement Pending Determination of Related Proceedings' 'adjudication Under the Building and Construction Industry Security of Payment Act 1999' 'cross Claim' 'irreparable Prejudice']
['civil Procedure' 'building and Construction' 'security of Payment'] ['summary Disposal' 'judgment for Plaintiff' 'stay of Enforcement Pending Determination of Related Proceedings' 'adjudication Under the Building and Construction Industry Security of Payment Act 1999' 'cross Claim' 'irreparable Prejudice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Proceedings Concerning a Stay of Judgment Arising From an Adjudication Under the Building and Construction Industry Security of Payment Act 1999 / Notice of Motion by Symich Building Pty Ltd Filed 29 September 2021 Seeking a Stay of Enforcement

Legal Issues

  1. 1 ['What is the test for a stay of a judgment resulting from an adjudication under the Building and Construction Industry Security of Payment Act 1999.' "What is the strength and magnitude of Symich Building Pty Ltd's cross-claim." 'Whether there is a likelihood of irreparable prejudice if a stay is not granted.']

Ratio Decidendi

The stay was refused because Symich Building Pty Ltd did not establish a risk of irreparable prejudice or any substantial strength in its cross-claim beyond a relatively small liquidated damages claim. The residual liquidated damages claim was far less than the judgment sum, the evidence of Team Dreegan Pty Ltd's likely inability to meet any net cross-claim was weak, there was no evidence that Symich could meet the judgment amount if a stay were granted, Symich made no offer to pay the judgment amount into Court, and granting a stay would be inconsistent with the policy and objects of the Building and Construction Industry Security of Payment Act 1999.

Court Disposition

Notice of motion dismissed with costs payable by the applicant on the motion.

Orders

  • ['Notice of motion by Symich Building Pty Ltd filed 29 September 2021 dismissed.' "Applicant on the motion to pay the respondent's costs." 'Any application to vary order (2) be made by email to my associate within 14 days.']