Woonona-Bulli RSL Memorial Club Ltd v Warrane-Design Construct Fit-Out Pty Ltd

[2025] NSWCA 89

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Court of Appeal
3. › Stay of orders pending appeal
4. › Stay of order for payment out of funds in Court
5. › Whether serious question to be tried
6. › Where balance of convenience lies
1. Practice and Procedure
2. › Court of Appeal
3. › Leave to appeal
4. › Whether order for payment out of funds in Court is interlocutory or final
5. › Whether leave to appeal required
1. Building and Construction
2. › Security of payment
3. › Contractors Debts Act 1997 (NSW)
4. › Interaction between debt certificates and adjudication determination
5. › Payment out of funds in Court
6. › Contractors Debts Act 1997 (NSW), ss 7, 8, 12

Quick Take

An order for payment out of funds in Court, made consequential upon a stay condition in security of payment proceedings, is interlocutory in nature and requires leave to appeal.