The applicant had been unsuccessful on appeal, concerning a debt arising under the Building Industry Fairness (Security of Payment) Act. The applicant sought a stay of the Court’s judgment because it apprehended the respondent had deliberately structured its financial affairs so as to ensure the applicant would be unable to recover funds payable on an interim basis, when the parties’ claims were finally determined.
Justice Fraser (who had written the lead judgment on appeal) granted the stay.
Matthew Hickey OAM appeared for the successful applicant, instructed by Thomson Geer.
The judgment can be read by clicking here