Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27:
1. BELL CJ: I agree with McHugh JA.
2. McHUGH JA: The facts of this application for leave to appeal are singular. The application concerns a stay of execution granted by the primary judge, Waugh SC DCJ, of a money judgment in favour of the applicant (the Builder) arising by reason of the filing of an adjudication certificate pursuant to s 25 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act).
3. It is common ground that a s 25 judgment does not finally determine the parties' rights. The primary judge stayed the judgment pending determination of the parties' rights in proceedings commenced ...