Brian Leigh Smith v Coastivity Pty Ltd [2008] NSWSC 313

BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – whether a construction contract to which the Act applied existed – definition of “related goods and services” – whether consideration for related goods and services was calculated other than by reference to the value of the goods and services supplied – whether discretionary grounds exist to warrant withholding the grant of declaratory and injunctive relief.

LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (the Act) - Landlord and Tenant (Amendment) Act (1948) - Racial Discrimination Act 1975 (Cth) - Strata Titles Act 1969 -Workers Compensation Act 1987 (NSW)

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