Taringa Property Group Pty Ltd v Kenik Pty Ltd [2024] QSC 327
FACTS
Taringa Property Group Pty Ltd (Taringa) and Kenik Pty Ltd (Kenik) were involved in a dispute regarding a construction contract. Taringa sought to apply for a stay of proceedings in order to delay payment and the enforcement of an adjudication determination in its favour for $4m.
The issue arose because Taringa had not been placed into liquidation, nor had it admitted to insolvency, raising the question of whether a stay should be granted.
ISSUE
Whether a stay should be granted in Queensland for the first time where the claimant is not in liquidation or admitted insolvency.
FINDING…
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