Shoringco Pty Ltd v Dynamic Excavation and Demolition Pty Ltd

Shoringco Pty Ltd brought an action against Dynamic Excavation and Demolition Pty Ltd for unpaid invoices. The matter came before the court for a decision on whether a charging order could be made against Dynamic Excavation's contractually owed monies. The legal issues were whether the monies Dynamic Excavation owed to Shoringco could be subject to a charging order, and if the statutory conditions for such an order were met.

The court considered the relevant statutory provisions, specifically section 126(1) of the Civil Procedure Act 2005 (NSW), which sets out the types of property that can be subject to a charging order. The court found that the monies owed by Dynamic Excavation to Shoringco did not fall within the statutory exceptions that would allow a charging order to be made. As such, the court held that the monies could not be subject to a charging order.

Having found that the statutory conditions were not met, the court dismissed the application for a charging order. The court determined that the application did not meet the necessary criteria and therefore could not proceed. The court's decision was clear: the application was dismissed, and no charging order was made.