Where a claimant who has obtained an adjudication certificate under the Building and Construction Industry Security of Payment Act 1999 (NSW) is insolvent and any payment would be irrecoverable, the Court may stay execution of the judgment debt on terms, including a requirement that final proceedings or arbitral proceedings be commenced within a limited period. The threshold for a stay of an adjudication judgment debt is higher than for a stay pending appeal from curial proceedings, but where there is certainty of irreparable prejudice, the stay should be granted. The English authorities on the Housing Grants, Construction and Regeneration Act 1996 (UK) are instructive on this question.
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