New South Wales Consolidated Acts

CONTRACTORS DEBTS ACT 1997 - SECT 14

14 Attachment order

(1) If proceedings are commenced by an unpaid person against a person (the
"defendant" ) for the recovery of money owed to the unpaid person by the defendant for work carried out or materials supplied by the person, the court may, on the application of the unpaid person, make an order under this section (an
"attachment order" ) against any other person from whom the unpaid person may be able to recover the debt under this Act.

(2) An application for an attachment order:

(a) may be made on the commencement of the proceedings or at any time before judgment is given in the proceedings, and

(b) may be heard in the absence of other parties, and

(c) is to be verified by oath or affirmation.

(3) The court may make an attachment order only if it is satisfied, on the basis of the application, that:

(a) the defendant owes the unpaid person money for work carried out or materials supplied by the unpaid person, and

(b) the work or materials are, or are part of or incidental to, work or materials for which the defendant is to be paid under a contract with the person against whom the order is sought.

(4) On service of a copy of the attachment order on the person against whom the order is made, any money that is payable or becomes payable to the defendant under the contract concerned, not exceeding the amount specified in the order, is attached for the purposes of the proceedings and is to remain in the hands of the person against whom the order is made until judgment is given in the proceedings or until the court otherwise orders.

(5) An attachment order:

(a) is to be in an approved form, and

(b) is to specify the amount that is attached for the purposes of the proceedings (being the amount sued for by the unpaid person or such other amount as the court considers appropriate).

(6) An attachment order may be varied or set aside on the application of any person.