Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd

Shade Systems Pty Ltd and Probuild Constructions (Aust) Pty Ltd were parties to proceedings concerning the release of funds paid into court. These funds had been paid into court as a condition of a stay on the recovery of a progress payment awarded to Shade Systems under the *Building and Construction Industry Security of Payment Act 1999* (NSW). Following an unsuccessful appeal by Probuild to the High Court of Australia, the central dispute before the Court of Appeal of New South Wales was whether the proceedings should be remitted to the Equity Division or if the progress payment, held in court, should be released to Shade Systems.

The court was required to determine the appropriate course of action regarding the funds paid into court, specifically whether to release them to the successful respondent, Shade Systems, or to remit the matter for further consideration in the Equity Division. This involved assessing the implications of the High Court's decision and the terms under which the funds were initially paid into court.

The Court of Appeal ordered that the sum of $314,504.72, paid into court on 6 January 2017, along with any accrued interest, be paid out to Shade Systems Pty Ltd. Probuild Constructions (Aust) Pty Ltd was ordered to pay the costs of a motion filed by Shade Systems on 15 February 2018, while Probuild's own motion filed on the same date was dismissed with costs. The court also made directions regarding the determination of costs on a lump sum basis and the process for determining another motion filed by Probuild on 14 February 2018, primarily on the papers.