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.
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