Filadelfia Projects Pty Limited v Entirity Business Services Pty Limited & Anor (No 2) [2011] NSWSC 116

Contract - informal agreements -construction contracts - relevance of post contractual conduct in determining who the parties to the contract are – objective determination - contract found between builder and contractor, not developer and contractor - Procedure – adjudication application under Building & Construction Industry Security of Payment Act 1999 - natural justice - failure to supply same documents to adjudicator and opposing party - denial of natural justice – whether relief should be refused in circumstances where conduct not deliberate and issue determined on the merits by the court - abuse of process - deliberately withheld relevant documents from adjudicator – no duty of full disclosure in adjudication process - Legislation Cited: Building & Construction Industry Security of Payment Act 1999 (NSW) - Industrial Relations Act 1996 (NSW) - Payroll Tax Act 2007 (NSW) - Workers Compensation Act 1987 (NSW)

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