A builder who obtains a judgment by filing an adjudication certificate under s 25(1) of the Building and Construction Industry Security of Payment Act 1999 (NSW) is not required to notify the developer before enforcing the judgment, including by garnishee order. Section 25(4) does not create a 'statutory stay' or a right to notice; it merely qualifies an existing right to apply to set aside the judgment. The duty of candour on an ex parte application for a garnishee order does not extend to disclosing the mere commencement of judicial review proceedings challenging the underlying adjudication determination where no stay has been sought and no undertaking requested. A developer who fails to seek interlocutory relief or an undertaking not to enforce will have difficulty obtaining equitable relief to set aside a garnishee order after it has been executed.
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