A recent decision of the New South Wales District Court highlights the evolving approach to applications to stay (or pause) the enforcement of judgments arising under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA). In Made Development Group Pty Limited v Halliday [2026] NSWDC 159, the Court confirmed that, while the “pay now, argue later” regime remains central to the objectives of the SOPA, courts have the discretion to grant a stay where the interests of justice require it, particularly in circumstances where an adjudicated amount is unreliable.
Facts
Made Development Group Pty Limited (MDG) obtained an adjudication determination in its favour under the SOPA against Kara Halliday (Halliday). Pursuant to section 25 of the SOPA, MDG obtained an adjudication certificate and filed it as a judgment debt against Halliday (Judgment).
