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Jem Developments Pty Ltd v Hansen Yuncken Pty Ltd [2006] NSWSC 1087
Building and construction - Building Construction Industry Security of Payment Act 1999 - Proper construction of s 25 (4) of Act - Meaning of words "commences proceedings to have the judgment set aside" - Whether a respondent to an application under the Act against whom a judgment debt following a determination has been entered, may albeit eschewing making an application to have the judgment set aside, seek any and if so what form of declaratory and associated relief challenging the validity of the determination.
ACTS CITED: Building Construction Industry Security of Payment Act 1999 (NSW) - Supreme Court Act 1970 (NSW)
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