Skyworks v 32 Drummoyne Road [2017] NSWSC 343

Skyworks v 32 Drummoyne Road [2017] NSWSC 343

Builder has established a good arguable case on its cause of action and demonstrated a real likelihood that defendant's assets will be dissipated or removed, such that a prospective judgment may be frustrated; freezing order in respect of $1.9 million held in trust is warranted.

Jurisdiction
Australia
Judgment Date
05 April 2017
Procedural Posture
Interlocutory Application / Freezing Order Application
Outcome
Freezing order granted as sought, costs to be costs in the cause.
Legal Topics
['freezing Orders' 'delay Damages' 'guarantees' 'asset Dissipation' 'building Contracts']
['equity' 'building and Construction' 'practice and Procedure'] ['freezing Orders' 'delay Damages' 'guarantees' 'asset Dissipation' 'building Contracts']

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Procedural Posture

Interlocutory Application / Freezing Order Application

Legal Issues

  1. 1 ['Whether plaintiff has a good arguable case' 'Whether there is a risk of removal or dissipation of assets' 'Whether evidence supports finding that a prospective judgment may go unsatisfied' 'Validity of exclusion for defective works under Side Deed']

Ratio Decidendi

Builder has established a good arguable case on its cause of action and demonstrated a real likelihood that defendant's assets will be dissipated or removed, such that a prospective judgment may be frustrated; freezing order in respect of $1.9 million held in trust is warranted.

Court Disposition

Freezing order granted as sought, costs to be costs in the cause.

Orders

  • ['Direct parties to bring in draft orders to give effect to these reasons, save as to costs.' 'Stand proceedings over to 7 April 2017 at 10:00am for further orders.' "Costs of plaintiff's notice of motion filed 23 February 2017 to be costs in the cause."]