McDonald v MAK Constructions and Building Services Pty Ltd

• 1. Practice and Procedure
  2. › Stay of proceedings
  3. › Stay of home owner's damages claim pending payment of judgment debt obtained under security of payment legislation
  4. › Whether stay inconsistent with preservation of common law rights under s 32 of the SOP Act
  5. › Whether primary judge's discretion miscarried
  6. › Building and Construction Industry Security of Payment Act 1999 (NSW), s 32
• 1. Building and Construction
  2. › Security of payment legislation
  3. › Operation and effect of s 32 of the Building and Construction Industry Security of Payment Act 1999 (NSW)
  4. › Preservation of rights of parties to construction contract
  5. › Whether right to bring civil proceedings conditional on satisfaction of judgment debt obtained under the Act
  6. › Need to reconcile policy of prompt payment with preservation of common law rights
  7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 3, 8, 9, 13, 14, 15, 17-25, 32

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