Paul Kennedy McCullough Trading as the Green Side Up v New Start Australia Pty Limited

Paul Kennedy McCullough, trading under the name the Green Side Up, brought proceedings against New Start Australia Pty Limited in the Supreme Court of New South Wales. The case revolves around an adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW). The plaintiff sought to enforce an adjudicator's decision for payment, while the defendant argued against the enforcement and had obtained a stay of judgment in the District Court.

The primary legal issue before the court was whether the stay orders granted by the District Court should be discharged. The court had to consider whether there was clear evidence of the plaintiff's insolvency or potential insolvency, a key factor in determining the appropriateness of the stay. Additionally, the court assessed other discretionary factors relevant to the decision.

In determining the matter, the Supreme Court found no clear evidence of the plaintiff's insolvency or potential insolvency. Consequently, the court concluded that the stay orders should be discharged. The defendant was ordered to pay the plaintiff's costs of the application. The discharge of the stay orders was stayed for 14 days to allow for any potential appeal to the Court of Appeal. The case was listed for further directions before the List Judge on 21 February 2023.