N Moit and Sons (NSW) v Denham Constructions

N Moit and Sons (NSW) sought interlocutory injunctive relief against Denham Constructions in the Supreme Court of New South Wales. The dispute related to an application for payment under the Building and Construction Industry Security of Payment Act 1999 (NSW) and a related claim under the Contractors Debts Act 1997 (NSW). The primary issue before the court was whether the application for injunctive relief should be granted. The court had to determine if there was a serious question to be tried regarding the applicant's entitlement to payment and if there was sufficient evidence that the defendant owed the applicant money.

The court considered whether the application for injunctive relief should be granted under section 26B, Division 2A of the Building and Construction Industry Security of Payment Act 1999 (NSW) and section 14 of the Contractors Debts Act 1997 (NSW). The court also assessed if granting relief would be inconsistent with the policy of the Building and Construction Industry Security of Payment Act 1999 (NSW) and if there was a real risk of detriment to the applicant if relief was not granted. The court concluded that there was insufficient evidence to justify granting the injunctive relief, and therefore, dismissed the application.

The Supreme Court of New South Wales held that the application for interlocutory injunctive relief should be dismissed. The court found that there was not a serious question to be tried regarding the applicant's entitlement to payment, and the evidence did not sufficiently establish that the defendant owed the applicant money under the Contractors Debts Act 1997 (NSW). Additionally, the court determined that granting relief would be inconsistent with the policy of the Building and Construction Industry Security of Payment Act 1999 (NSW) and that there was no real risk of detriment to the applicant if the relief was not granted. The court accordingly refused to exercise its general power to grant an injunction.