THE FLETCHER CONSTRUCTION COMPANY LTD v SPOTLESS FACILITY SERVICES (NZ) LTD [2020] NZHC 780
Pursuant to the Court's discretion under s 24A(2)(e) of the Construction Contracts Act 2002, interim relief was appropriate on a Pickwick basis and Spotless was ordered to lift its suspension upon FCC depositing $2,067,715.86 (excluding GST) with the agreed stakeholder to be held on interest-bearing deposit and...
Source-derived case information.
- Citation
- [2020] NZHC 780
- Parties
- Applicant: The Fletcher Construction Company Limited; Respondent: Spotless Facility Services (NZ) Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 21 April 2020
- Procedural Posture
- Application for Interim Relief Under Construction Contracts Act 2002 / Interim Hearing (pickwick Basis)
- Outcome
- Interim relief granted on Pickwick basis; suspension lifted subject to deposit of specified amount with stakeholder; leave reserved.
- Legal Topics
- Suspension of Payment, Payment Claim, Interim Relief, Stakeholder Deposit, Pickwick Order, Construction Contracts Act S 24 A(2)(e)
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Fletcher Construction Company Limited
Applicant
Spotless Facility Services (NZ) Limited
Respondent
Procedural Posture
Application for Interim Relief Under Construction Contracts Act 2002 / Interim Hearing (pickwick Basis)
Legal Issues
- 1 Whether the Court should order the respondent to lift its suspension of work subject to the applicant depositing the amount of payment claim 44 with a stakeholder
- 2 Whether interim relief on a Pickwick basis is appropriate pending further order
Ratio Decidendi
Pursuant to the Court's discretion under s 24A(2)(e) of the Construction Contracts Act 2002, interim relief was appropriate on a Pickwick basis and Spotless was ordered to lift its suspension upon FCC depositing $2,067,715.86 (excluding GST) with the agreed stakeholder to be held on interest-bearing deposit and disbursed in accordance with further order of the Court; leave to apply reserved.
Court Disposition
Interim relief granted on Pickwick basis; suspension lifted subject to deposit of specified amount with stakeholder; leave reserved.
Orders
- Pursuant to s 24A(2)(e) Construction Contracts Act 2002, Spotless is ordered to lift its suspension on notification to Spotless that FCC has deposited the amount of payment claim 44 ($2,067,715.86 excluding GST) with an agreed stakeholder (Bell Gully), to be held on interest-bearing deposit and disbursed in...
- Leave to apply reserved.
Full Case Text
Judgment text and source record
1 paragraphs
THE FLETCHER CONSTRUCTION COMPANY LTD v SPOTLESS FACILITY SERVICES (NZ) LTD [2020]NZHC 780 [21 April 2020]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2020-404-572[2020] NZHC 780BETWEEN THE FLETCHER CONSTRUCTIONCOMPANY LIMITEDApplicantAND SPOTLESS FACILITY SERVICES (NZ)LIMITEDRespondentHearing: 17 April 2020Appearances: A M Callinan for ApplicantS C Price, J K Stewart and R A Donald for RespondentJudgment: 21 April 2020RESULTS JUDGMENT OF PETERS JThis judgment was delivered by Justice Peters on 21 April 2020 at 4 pmpursuant to r 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate: ...................................Solicitors: Simpson Grierson, AucklandMinterEllisonRuddWatts, Auckland[1] On 17 April 2020, I heard the applicant's ("FCC") application for interim reliefof 16 April 2020 ("application"), on a Pickwick basis. The respondent ("Spotless")was heard, but on very short notice.[2] This is a results judgment. My reasons will follow shortly.[3] Pending further order of the Court, pursuant to s 24A(2)(e) ConstructionContracts Act 2002, I order Spotless to lift its suspension on notification to Spotlessthat FCC has deposited the amount of payment claim 44 ($2,067,715.86 excludingGST) with a stakeholder, to be held on interest bearing deposit, and to be disbursed inaccordance with further order of the Court.1[4] I reserve leave to apply.Peters J1 Counsel advise me Bell Gully is the agreed stakeholder.