Van Ek Contracting Pty Ltd v Roads Corporation [2007] VSC 336

CONTRACT – Non-payment of adjudicated amount determined under Building and Construction Industry Security of Payment Act 2002– Security given by defendant in accordance with s.25(4) of the Act - Whether contractual provision concerning mediation and arbitration meant that defendant had commenced a proceeding within the meaning of s.25(2) of the Act – Summary judgment application unsuccessful.

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