Lanmac Pty Ltd v Andrew Bruce Wallace & Ors

Lanmac Pty Ltd v Andrew Bruce Wallace & Ors

Lanmac (NSW-ACT) Pty Limited v Andrew Bruce Wallace & Ors [2010] NSWSC976.

FACTS:

The plaintiff sought orders that:

a. the third defendant, a contractor with an adjudication determination made in its favour against the plaintiff pursuant to the Building and Construction Industry Security of Payment Act 1999 (“the Act”), be restrained from making a request to the authorised nominating authority to provide an adjudication certificate;

b. the first and second defendants, authorised nominating authority and the adjudicator be restrained from providing an adjudication certificate; and

c. the third defendant be restrained from filing any adjudication certificate.

ISSUE:

Whether the plaintiff was obliged to put the money into the court pursuant to section 25(4) of the Act if the plaintiff was going to challenge the determination.

FINDING:

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