Veolia Water Solutions v Kruger Engineering [No 3] [2007] NSWSC 459

CONTRACT - building and construction - where defendant has recovered adjudication determination and judgment against plaintiff - where defendant subject to deed of company arrangement - where plaintiff asserts cross-claim for liquidated damages and defective and incomplete works - plaintiff seeks permanent stay and return of security given by it - whether Building and Construction Industry Security of Payment Act 1999 ceases to apply when contractor or subcontractor becomes insolvent - impact of external administration - where conflict exists between s 25(4) of the Act and ss 553, 553C of the Corporations Act - whether refusal of stay will cause irreparable prejudice

 LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Corporations Act 2001 - The Australian Constitution

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