Co-ordinated Construction Co Pty Ltd v J.M. Hargreaves Pty Ltd [2004] NSWSC 1206

Co-ordinated Construction Co Pty Ltd v J.M. Hargreaves Pty Ltd [2004] NSWSC 1206

An ex parte injunction is granted as there is an arguable case, but applications brought at the last possible moment are discouraged and, in the future, may be refused unless there are compelling reasons for delay; warning is issued to the profession regarding court policy.

Jurisdiction
Australia
Judgment Date
30 November 2004
Procedural Posture
Injunction Application / Ex Parte Hearing
Outcome
Ex parte injunction granted.
Legal Topics
['injunction' 'progress Payments' 'practice and Procedure']
['building & Construction' 'equity'] ['injunction' 'progress Payments' 'practice and Procedure']

Case Brief

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Procedural Posture

Injunction Application / Ex Parte Hearing

Legal Issues

  1. 1 ['Whether an ex parte injunction should be granted to restrain the filing of an adjudication certificate pursuant to s.25(1) of the Building and Construction Industry Security of Payment Act 1999 (NSW)' 'Whether the adjudicator erred regarding payment claims for the same reference date under s.13(5)']

Ratio Decidendi

An ex parte injunction is granted as there is an arguable case, but applications brought at the last possible moment are discouraged and, in the future, may be refused unless there are compelling reasons for delay; warning is issued to the profession regarding court policy.

Court Disposition

Ex parte injunction granted.

Orders

  • ['Order restraining Defendant from applying for or filing an adjudication certificate as a judgment for debt pursuant to s.25(1) of the Building and Construction Industry Security of Payment Act 1999 (NSW) in respect of the 21 November 2004 determination.' 'Notice of Motion made returnable on 1 December 2004, at...