BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payments Act 1999 (NSW) – builder served payment claim – developers failed to serve payment schedule – builder obtained judgment pursuant to Act – developers’ appeal from judgment dismissed – proceedings based on construction contract pending in Technology and Construction List – late filing of cross-claim by developers – no explanation for late filing of cross-claim – developers seek further stay of judgment pending determination of main proceedings – developers claimed that they would be wound up if no stay were ordered and the cross-claim would not be adjudicated – primary judge dismissed application for a stay – whether any error of principle – whether principles in a “Grosvenor stay” applicable – Grosvenor Constructions (NSW) Pty Ltd v Musico [2004] NSWSC 344 considered – whether developers had demonstrated basis for stay of execution – leave to appeal refused

TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 118 (19 June 2020)