Grounded Construction Group Pty Ltd v Easy Stay Mining Accommodation Pty Ltd

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GROUNDED CONSTRUCTION GROUP PTY LTD -v- EASY STAY MINING ACCOMMODATION PTY LTD [2017] WADC 136



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2017] WADC 136
Case No:CIVO:119/201712 OCTOBER 2017
Coram:STAUDE DCJ20/10/17
PERTH
17Judgment Part:1 of 1
Result: Applications to allow objection to debt appropriation orders, alternatively to cancel stay or amend orders, be dismissed
Applications to suspend debt appropriation orders dismissed
PDF Version
Parties:GROUNDED CONSTRUCTION GROUP PTY LTD
EASY STAY MINING ACCOMMODATION PTY LTD
MOUNT MORGANS WA MINING PTY LTD
OCS INTERNATIONAL PTY LTD
GROUNDED CONSTRUCTION PTY LTD

Catchwords:

Debt appropriation orders
Civil Judgment Enforcement Act 2004
Whether objection lodged out of time is valid
Whether debt appropriation orders based on adjudication determination pursuant to Construction Contracts Act 2004 should be suspended pending judicial review
Whether application to suspend is an abuse of process where Supreme Court has refused a stay of enforcement

Legislation:

Civil Judgments Enforcement Act 2004
Construction Contracts Act 2004
Personal Property Securities Act 2009 (Cth)

Case References:

Alliance Contracting Pty Ltd v James [2014] WASC 212
Eastland Technology Australia Pty Ltd v Whisson [2003] WASCA 307; (2003) 28 WAR 308
Easy Stay Mining Accommodation Pty Ltd v Faigen [2017] WASC 266
Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404
Jackson v Goldsmith [1950] 81 CLR 446
Ladang Jalong (Australia) Pty Ltd v Callander [2005] WASCA 203
Professional Services of Australia Pty Ltd v Computer Accounting and Tax Pty Ltd [2008] WASCA 222
Reichel v Magrath (1889) 14 App Cas 665
Sea Culture International Pty Ltd v Scoles [1991] FCA 523; (1991) 32 FCR 275
Sheraz Pty Ltd v Vegas Enterprises Pty Ltd [2015] WASCA 4
Stewart v Biodiesel Producers Ltd [2009] WASC 145
Willoughby v Clayton Utz [No 2] [2009] WASCA 29


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
LOCATION : PERTH CITATION : GROUNDED CONSTRUCTION GROUP PTY LTD -v- EASY STAY MINING ACCOMMODATION PTY LTD [2017] WADC 136 CORAM : STAUDE DCJ HEARD : 12 OCTOBER 2017 DELIVERED : 20 OCTOBER 2017 FILE NO/S : CIVO 119 of 2017 BETWEEN : GROUNDED CONSTRUCTION GROUP PTY LTD
    Judgment creditor

    AND

    EASY STAY MINING ACCOMMODATION PTY LTD
    Judgment debtor

    MOUNT MORGANS WA MINING PTY LTD
    Third person

    OCS INTERNATIONAL PTY LTD
    Other person
FILE NO/S : CIVO 120 of 2017 BETWEEN : GROUNDED CONSTRUCTION GROUP PTY LTD
    Judgment creditor

    AND

    EASY STAY MINING ACCOMMODATION PTY LTD
    Judgment debtor

    MOUNT MORGANS WA MINING PTY LTD
    Third person

    OCS INTERNATIONAL PTY LTD
    Other person
FILE NO/S : CIVO 121 of 2017 BETWEEN : GROUNDED CONSTRUCTION GROUP PTY LTD
    Judgment creditor

    AND

    EASY STAY MINING ACCOMMODATION PTY LTD
    Judgment debtor

    MOUNT MORGANS WA MINING PTY LTD
    Third person

    OCS INTERNATIONAL PTY LTD
    Other person
FILE NO/S : CIVO 122 of 2017 BETWEEN : GROUNDED CONSTRUCTION PTY LTD
    Judgment creditor

    AND

    EASY STAY MINING ACCOMMODATION PTY LTD
    Judgment debtor

    MOUNT MORGANS WA MINING PTY LTD
    Third person

    OCS INTERNATIONAL PTY LTD
    Other…
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Details
Case
[2017] WADC 136
Decision Date

CaseChat Overview and Summary

Grounded Construction Group Pty Ltd sought to enforce a debt appropriation order against Easy Stay Mining Accommodation Pty Ltd. The order was based on a determination made by an adjudicator under the Construction Contracts Act 2004. Easy Stay Mining Accommodation Pty Ltd objected to the enforcement, arguing that the order was invalid due to procedural issues and should be suspended pending judicial review. The Supreme Court was asked to determine the validity of the objection, the appropriateness of suspending the order pending review, and the abuse of process in the application to suspend.

The court considered whether the objection was lodged within the required time frame and whether it was valid despite being late. It also examined whether the application to suspend the enforcement of the debt appropriation order was an abuse of process, given that the Supreme Court had already refused a stay of enforcement. Furthermore, the court evaluated the circumstances under which such orders should be suspended pending judicial review.

The court found that the objection was lodged beyond the permitted time, rendering it invalid. The court held that the application to suspend the enforcement of the debt appropriation order was not an abuse of process, but that such orders should not be suspended pending judicial review unless exceptional circumstances exist. The court concluded that no exceptional circumstances were present in this case, and therefore dismissed the applications to allow the objection, to cancel the stay or amend the orders, and to suspend the debt appropriation orders.

Orders

Orders of the court

Applications to allow objection to debt appropriation orders, alternatively to cancel stay or amend orders, be dismissed

Applications to suspend debt appropriation orders dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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