A stay of enforcement of a judgment under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) may be granted where there is evidence that the judgment creditor has restructured its corporate affairs after the making of the building contract so as to increase the risk of non-recovery, provided the judgment debtor provides security for the judgment debt and the usual undertaking as to damages. The 'pay-now-and-argue-later' policy of the Act is an important but not determinative consideration.
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