Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting & Anor (No.2) [2010] QSC 457 Queensland Supreme Court 6 December 2010
FACTS:
Flea’s Concreting (“the Respondent”) was subcontracted by Hansen Yuncken (“the Applicant”) to perform certain construction works.
The Respondent issued a statutory payment claim pursuant to the Building and Construction Industry Security of Payment Act 2004 (“the Act”), which was subsequently determined in favour of the Respondent in the full amount of the Payment Claim plus interest pursuant to the Queensland Building Services Authority Act 1991 (“the QBSA Act”).
The Applicant then obtained an injunction pending a substantive hearing on the condition that it pay into Court an amount securing the determined amount.
The Respondent in this application before the Court now seeks additional security to be paid into Court pursuant to the QBSA prior to the hearing of the substantive hearing.
ISSUES:
Whether the Applicant should provide the additional security sought on the basis that it is in a strong financial position and that the proceedings have been delayed by the Respondent.
FINDING:
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