Romaldi Constructions Pty Ltd v Adelaide Interior Linings Pty Ltd [2013] SASFCC 99

A Judge of the District Court granted an interlocutory injunction restraining the respondent, Adelaide Interior Linings Pty Ltd, from obtaining an adjudication certificate, filing it as a judgment or enforcing the judgment under the Building and Construction Industry Security of Payment Act 2009 (SA) ("the Act"). The basis for seeking the injunction was a claim that, if Romaldi was successful in the substantive action in the District Court, there was a sufficient risk that Romaldi would not recover from Interiors the amount of the adjudication.

A Judge of this Court allowed Interiors’ appeal and discharged the interlocutory injunction.  His honour held that the District Court Judge had no power to grant the injunction and in any event a stay of the judgment based on an adjudication certificate would not have been warranted.

Interiors obtained an adjudication certificate and filed it in the Magistrates Court as a judgment. Romaldi sought a stay of the judgment. A Magistrate summarily dismissed the stay application, concluding that it was an impermissible attempt by Romaldi to circumvent the decision of the Judge discharging the interlocutory injunction.

Romaldi seeks permission to appeal from the decision of the Judge discharging the interlocutory injunction.

In separate proceedings, Romaldi appeals to this Court against the decision of the Magistrate.

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