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Grosvenor Constructions (NSW) P/L (in administration) v Musico [2004] NSWSC 344
Building and construction - Practice and procedure - Stay of judgment debt - Progress payments claimed under the Building and Construction Industry Security of Payment Act 1999 - Plaintiff obtains adjudication certificate pursuant to section 24 of Act and files adjudication certificate as a judgment for debt pursuant to section 25 of Act - Plaintiff placed under external administration-Defendants seek stay of proceedings - Evidence that defendants, if successful in final proceedings, would suffer irreparable prejudice as payment pursuant to the judgment debt could never be recouped - A failure to order the stay would in practice convert an amount which ought to be an interim payment into a final payment - Principles to be applied on application for stay of judgment debt - English authorities examined
ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Housing Grants, Construction and Regeneration Act 1996 (UK) - Supreme Court Act 1970 (NSW)
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