N Moit & Sons (NSW) v Denham Constructions [2014] NSWSC 905

N Moit & Sons (NSW) v Denham Constructions [2014] NSWSC 905

There was no sufficient legal or evidentiary foundation to grant an interlocutory injunction or an attachment order as the statutory preconditions were not satisfied and no serious question to be tried was established. Further, there was no evidence of risk of dissipation or other activity that might frustrate any future judgment for Moit.

Jurisdiction
Australia
Judgment Date
03 July 2014
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Application dismissed
Legal Topics
['interlocutory Injunction' 'security of Payment' 'attachment Order']
['equity' 'building and Construction'] ['interlocutory Injunction' 'security of Payment' 'attachment Order']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 ['Whether plaintiff is entitled to interlocutory injunction under Div 2A of the Building and Construction Industry Security of Payment Act 1999 (NSW)' 'Whether attachment order should be granted under s 14 of the Contractors Debts Act 1997 (NSW)' 'Whether court should grant injunction to preserve the status quo under its general power']

Ratio Decidendi

There was no sufficient legal or evidentiary foundation to grant an interlocutory injunction or an attachment order as the statutory preconditions were not satisfied and no serious question to be tried was established. Further, there was no evidence of risk of dissipation or other activity that might frustrate any future judgment for Moit.

Court Disposition

Application dismissed

Orders

  • ['Application for interlocutory injunction dismissed' 'Interlocutory injunction granted on 30 June 2014 discharged' "Plaintiff to pay first and second defendants' costs of Notice of Motion, costs payable forthwith" 'No order as to costs as between plaintiff and third defendant' 'Exhibits to be handed out' 'Matter...