Perform (NSW) Pty Ltd v Mev-Aus Pty Ltd t/a Novatec Construction Systems & Anor [2008] NSWSC 858

Building and Construction Industry Security of Payment Act 1999 (NSW) - Whether section 14 (3) of the Act permits incorporation by reference into a payment schedule - Whether respondent’s payment schedule indicated, within the meaning of s. 14 (4) of the Act as reasons for withholding payment, the reasons contained in an anterior payment schedule Whether the Adjudicator made an error of a character that was within his jurisdiction Whether the Adjudicator’s findings constitute a failure by the Adjudicator to comply with the requirements contained in s.22(2)(d) of the Act - Whether Adjudicator denied natural justice Whether the Adjudicator failed in good faith to exercise the power to make an adjudication.

LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 (NSW)

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