J & Q Investments Pty Ltd v ZS Constructions (NSW) Pty Ltd

J & Q Investments Pty Ltd (the appellant) sought a stay of a judgment and orders made by the Supreme Court of New South Wales, pending an appeal to the Court of Appeal. The underlying dispute concerned an adjudication decision made under the *Building and Construction Industry Security of Payment Act 1999* (NSW). ZS Constructions (NSW) Pty Ltd (the first respondent) had obtained judgment in the Supreme Court enforcing an adjudication certificate.

The primary legal issue before the Court of Appeal was whether the appellant had established grounds for a stay of the Supreme Court’s judgment. This involved considering whether the appeal had sufficient merit to warrant a stay and whether the balance of convenience favoured granting the stay. The court also had to consider the principles governing the grant of a stay of execution pending an appeal, particularly in the context of the *Security of Payment Act*.

Bell JA, applying established principles for granting a stay, found that the appellant had not demonstrated a sufficient likelihood of success on appeal. The court noted that the grounds of appeal were unlikely to succeed and that the balance of convenience did not favour granting a stay. The court considered the purpose of the *Security of Payment Act* and the potential prejudice to the respondent if a stay were granted.

Consequently, the motion for a stay was dismissed, and the appellant was ordered to pay the first respondent's costs.