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.


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.


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.


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