Lanmac (NSW-ACT) Pty Limited v Andrew Bruce Wallace & Ors [2010] NSWSC 976

Lanmac (NSW-ACT) Pty Limited v Andrew Bruce Wallace & Ors [2010] NSWSC 976

The plaintiff's application was an attempt to avoid the requirement to provide security before seeking to restrain enforcement of adjudication determinations; absent undertakings or bank guarantee, the proceedings should be stayed until Plaintiff pays the adjudicated amounts and costs into Court or provides a satisfactory bank guarantee, and injunctive orders should be dissolved.

Parties
Plaintiff: Lanmac (NSW-ACT) Pty Limited; First Defendant: Andrew Bruce Wallace; Second Defendant: Able Adjudication Pty Limited; Third Defendant: CMS Group Pty Limited
Jurisdiction
Australia
Judgment Date
27 August 2010
Procedural Posture
Equity Technology and Construction List / Interlocutory Application Ex Tempore Judgment on Notice of Motion (injunctive Relief, Stay)
Outcome
Plaintiff's application for injunctions refused; proceedings stayed unless and until payment into Court or provision of bank guarantee for adjudicated amounts and costs; costs awarded to third defendant; injunctive orders dissolved; further listing vacated.
Legal Topics
Security of Payment, Injunctions, Stay of Proceedings, Bank Guarantee/bonding, Adjudication Enforcement
Construction Law Civil Procedure Security of Payment Injunctions Stay of Proceedings Bank Guarantee/bonding Adjudication Enforcement

Case Brief

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Parties

Lanmac (NSW-ACT) Pty Limited

Plaintiff

Andrew Bruce Wallace

First Defendant

Able Adjudication Pty Limited

Second Defendant

CMS Group Pty Limited

Third Defendant

Procedural Posture

Equity Technology and Construction List / Interlocutory Application Ex Tempore Judgment on Notice of Motion (injunctive Relief, Stay)

Legal Issues

  1. 1 Whether plaintiff can restrain enforcement of adjudication determinations under the Building and Construction Industry Security of Payment Act 1999 (NSW) without providing security or bank guarantee
  2. 2 Whether the proceedings should be stayed until payment into Court or provision of a bank guarantee for the adjudicated amounts and costs

Ratio Decidendi

The plaintiff's application was an attempt to avoid the requirement to provide security before seeking to restrain enforcement of adjudication determinations; absent undertakings or bank guarantee, the proceedings should be stayed until Plaintiff pays the adjudicated amounts and costs into Court or provides a satisfactory bank guarantee, and injunctive orders should be dissolved.

Court Disposition

Plaintiff's application for injunctions refused; proceedings stayed unless and until payment into Court or provision of bank guarantee for adjudicated amounts and costs; costs awarded to third defendant; injunctive orders dissolved; further listing vacated.

Orders

  • The injunctions issued on 20 August 2010 and extended on 27 August 2010 dissolved.
  • Pursuant to s 67 of the Civil Procedure Act 2005, proceedings stayed until payment into Court by the plaintiff of the amounts of the two adjudication determinations and adjudicator’s costs, or provision of a bank guarantee acceptable to the Court but payable to the third defendant for those amounts.