Romaldi Constructions Pty Ltd v Adelaide Interior Linings [2013] SADC 39

The plaintiff builder seeks a stay or an injunction preventing the defendant sub-contractor from recovering payment to it by the plaintiff of monies ordered to be paid by an adjudicator pursuant to determination under the Building and Construction Industry Security of Payment Act 2009 (SA). The plaintiff alleges that the defendant is impecunious and will be unable to repay the monies if the plaintiff is successful in its claim in this court for damages for defective and uncompleted work. The defendant submits the court has no power to grant a stay or injunction and if it does have power, the balance of convenience does not favour the granting of relief.

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