Recent Cases

A-Civil Aust Pty Ltd v Ceerose Pty Ltd [2023] NSWCA 144 (29 June 2023) (Payne JA; Simpson AJA; Basten AJA)


Catchwords:


APPEALS – interlocutory appeal – leave to appeal – procedural order – notice to produce financial records – whether error demonstrated – whether issue of principle raised – purpose for which records sought not pursued – failure of judge to advert to lack of purpose – production otherwise not justified – practice of interlocutory stays likely to undermine statutory scheme

BUILDING and CONSTRUCTION – adjudication of payment claim – payment of amount of adjudicator’s determination – injunction pending determination of contractual dispute – policy of Building and Construction Industry Security of Payment Act 1999 (NSW) – risk of insolvency of claimant – onus of proof – production of financial records of claimant