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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