Where a judgment has been obtained under s 25 of the Building & Construction Industry Security of Payment Act 1999 (NSW), money paid into court as security must remain in court until the judgment is formally set aside, even if a separate proceeding has declared the underlying adjudication determination void. A finding that the determination is void in separate proceedings does not of itself discharge the s 25 judgment or the security requirement. Anticipated difficulty in recovering money paid is not, without more, sufficient to justify a stay of a payment-out order pending appeal in security of payment matters.
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