Vince Schokman v Xception Construction P/L [2005] NSWSC 297

Section 17(2) notice of intent to apply for adjudication served out of time - Adjudication application made out of time
Section 15(2)(a) makes provision for alternatives of either proceeding to recover claimed amount as a debt in curial proceedings or of making adjudication application - Where claimant elects to seek adjudication determination and adjudication procedures miscarry, claimant cannot revert to seeking judgment in curial proceedings

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

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