Recent Cases

Alliance Living Pty Ltd v Arch-System Fabrication Pty Ltd [2026] NSWCA 157 (04 August 2026) (Payne, Adamson and Ball JJA)


Catchwords:


CIVIL PROCEDURE – security for costs – threshold question – whether primary judge prohibited from taking into account unpaid judgment obtained under Building and Construction Industry Security of Payment Act 1999 (NSW) – s 32(2) not concerned with the procedural conduct of civil proceedings under a construction contract but with their substantive outcome – non-payment of judgment debt not something “done under or for the purposes of this Part”