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Stay of enforcement of SOPA judgments: Constructo Pty Ltd v Maicome Pty Ltd

03 July 2015

Stay of enforcement of SOPA judgments: Constructo Pty Ltd v Maicome Pty Ltd

Andrew Downie examines the matter of Constructpro Pty Ltd v Maicome Pty Ltd [2015] VCC 894 in which a builder obtained a judgment under the Building and Construction Industry Security of Payment Act 2002 (Vic).

In that case the principal sought a stay of the judgment, on the basis of the builder's precarious financial state. The principal served a notice to produce on the builder for its accounts, and because of a lack of evidence of the builder's insolvency, both the notice to produce and the stay were refused by the County Court of Victoria.

To read the full article, visit The Civil Lawyer.