Kell & Rigby Pty Ltd v Guardian International Properties Pty Ltd [2007] NSWSC 554

[BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999] - consequence of failure to provide a notice under s 17(2) of the Act before filing adjudication application - whether filing adjudication application without providing notice under s 17(2) of the Act amounts to an election under s 15(2)(a)(ii) of the Act - whether the plaintiff is precluded from bringing proceedings.

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

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