FALGAT CONSTRUCTIONS P/L V EQUITY AUSTRALIA CORPORATION P/L  NSWCA 49
Supreme Court of New South Wales – 3 March 2005
Falgat Constructions Pty Ltd (‘Falgat’) entered into a construction contract with ‘Equity Australia Corporation Pty Ltd (‘Equity’) to carry out works for the construction of a residential building at 23-25 Chesterfield Parade Bronte. Falgat sued Equity in the District Court for debt and damages under the contract in the sum of $414,935.69. The action was stayed pending provision of security of costs in the sum of $50,000. Falgat then initiated proceedings under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) by serving a Payment Claim under section 13 seeking payment of $232,114.30. A District Court granted an anti-suit injunction restraining Falgat from pursuing its remedies under the Act pending the final determination of the District Court proceeding. The District Court judge found:
Falgat then applied for leave to appeal.
Whether proceedings under the Contract and under the Act can be on foot at the same time.…