District Court
New South Wales
Medium Neutral Citation: Team Dreegan Pty Ltd v Symich Building Pty Ltd [2021] NSWDC 825 Hearing dates: 14 October 2021 Date of orders: 25 October 2021 Decision date: 25 October 2021 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Notice of motion by Symich Building Pty Ltd filed 29 September 2021 dismissed.
(2) Applicant on the motion to pay the respondent's costs.
(3) Any application to vary order (2) be made by email to my associate within 14 days.
Catchwords: CIVIL PROCEDURE — Summary disposal — Judgment for plaintiff — Stay of enforcement pending determination of related proceedings
Legislation Cited: Building and Construction Industry Security of Payment Act 1999, Pt 3, s 3, s 13, s 25, s 32, s 34
Corporations Act 2001 (Cth), s 459G, s 459H, s 459J
Cases Cited: Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685
Grosvenor Constructions (NSW) Pty Limited (in administration) v Musico & Ors [2004] NSWSC 344
In the matter of Douglas Aerospace Pty Ltd [2015] NSWSC 167
J & Q Investments Pty Ltd v ZS Constructions (NSW) Pty Ltd [2008] NSWCA 203
Penrith Whitewater Stadium Ltd & Anor v Lesvos Pty Ltd & Anor [2007] NSWCA 103
RJ Neller Building Pty Ltd v Ainsworth [2008] QCA 397
Tombleson v Dancorell Constructions Pty Limited [2007] NSWSC 1169
Category: Procedural rulings Parties: Team Dreegan Pty Ltd (plaintiff/respondent on notice of motion)
Symich Building Pty Ltd (defendant/applicant on notice of motion)Representation: Counsel:
Solicitors:
Mr N Allan (plaintiff/respondent on notice of motion)
Mr D Ratnam (defendant/applicant on notice of motion)
Ziman and Ziman Solicitors (plaintiff/respondent on notice of motion)
Yamine ESY Lawyers Pty Ltd (defendant/applicant on notice of motion)
File Number(s): 2021/00215317 Publication restriction: None
Judgment
A. Introduction
-
Symich Building Pty Ltd seeks a stay of a judgment in favour of Team Dreegan Pty Ltd resulting from an adjudication under the Building and Construction Industry Security of Payment Act 1999.
B. Issues
-
Symich asserts that a stay should be granted because it has a valuable cross-claim, and there is a likelihood of irreparable prejudice if a stay is not granted. The issues appear to be:
What is the test for a stay of a judgment resulting from an adjudication under the Act.
What is the strength and magnitude of Symich's cross-claim.
Is there a likelihood of irreparable prejudice if a stay were not granted.
C. Background
-
Team Dreegan was contracted by Symich in relation to the construction of a service station at Mayfield. Nine payment claims were made and dealt with, apparently without incident. The tenth, in April 2021, produced from Symich a payment schedule which led to an adjudication. The amount claimed was significantly reduced on the adjudication, principally because a large part of the claim by Symich for liquidated damages was allowed. The adjudicated amount was not promptly paid by Symich and Team Dreegan then obtained judgment for the adjudicated amount, which was then largely and promptly paid by Symich.
-
The eleventh…
Keep reading for free
Create a free CaseChat account to read Team Dreegan Pty Ltd v Symich Building Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2021] NSWDC 825
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide included whether the defendant's application for a stay of enforcement of the judgment was appropriate, given the circumstances of the case, and whether there were any grounds for the defendant to argue that enforcement should be delayed pending the determination of related proceedings. The court had to consider the relevant statutory provisions and case law to determine the appropriate course of action.
In reaching its decision, the court considered the arguments presented by both parties. It noted that the defendant had not provided sufficient evidence to demonstrate that the stay of enforcement was necessary. The court found that the defendant's motion did not meet the criteria for a stay under the relevant legislation. Consequently, the court dismissed the defendant's motion and ordered that the defendant pay the plaintiff's costs. The court also noted that any application to vary this order should be made by email to the court's associate within 14 days.
In summary, the Supreme Court of New South Wales dismissed the defendant's motion for a stay of enforcement of the judgment in favour of the plaintiff. The defendant was ordered to pay the plaintiff's costs, and any application to vary this order had to be made within a specified timeframe.
Orders
Orders of the court
(1) Notice of motion by Symich Building Pty Ltd filed 29 September 2021 dismissed.
(2) Applicant on the motion to pay the respondent's costs.
(3) Any application to vary order (2) be made by email to my associate within 14 days.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.