Shell Refining (Australia) Pty Ltd v A J Mayr Pty Ltd; Mayr v Shell [2006] NSWSC 154

[JURISDICTION] Application for revocation of orders made for the payment out of $4,942,716.00 of $11,228,898.63 paid into court pursuant to s 25(4)(b) of the Building and Construction Industry Security of Payment Act 1999 as a condition of the grant of a stay - whether the Court has jurisdiction to order stay on condition of payment out of part of the security paid into court - whether legislation intended to fetter the discretion of a judge where dictates of justice require payment out.

ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Civil Procedure Act 2005 - Uniform Civil Procedure Rules 2005

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