Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 4)

In *Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 4)*, the New South Wales Court of Appeal considered a motion filed by Probuild Constructions (Aust) Pty Ltd seeking a further stay of costs orders made in 2016, pending the outcome of separate proceedings. Shade Systems Pty Ltd opposed this motion.

The primary legal issue before the Court of Appeal was whether Probuild was entitled to a further stay of the outstanding costs orders. A secondary issue arose concerning whether the matter should be remitted to the Equity Division.

Justice Payne dismissed Probuild's motion, finding no basis for a further stay of the costs orders. The Court reasoned that the existing circumstances did not warrant such an extraordinary measure, particularly given the passage of time since the original orders. The Court also exercised its power under s 14 of the *Civil Procedure Act 2005* (NSW) to dispense with the requirements of Uniform Civil Procedure Rules 2005 (NSW) r 36.16 to make specific amendments to a paragraph in a previous judgment of the Court.

The Court ordered that Probuild's motion be dismissed with costs, including the costs of Shade Systems' submissions filed on 20 March 2018. The Court also made the identified amendments to paragraph [25] of the earlier judgment.