Romaldi v AIL

Update:  This decision was overturned on appeal to the Supreme Court.  See Adelaide Interior Linings Pty Ltd v Romaldi Constructions Pty Ltd [2013] SASC 110

In a surprising decision, the South Australian District Court has given judgment in Romaldi v Adelaide Interior Linings [2013] SADC 39, granting an injunction restraining the enforcement of an adjudicator’s determination for $51,219.83 on condition that that amount be paid into court. The plaintiff did not pursue any claim that the determination was invalid or should be quashed; rather the injunction was granted on the ground that there was a “real risk” that the defendant would be unable to pay the adjudicated amount if unsuccessful in the litigation of the underlying dispute.

 

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