Roseville Bridge Marina Pty Ltd v Bellingham Marine Australia Pty Ltd [2009] NSWSC 320

Building and Construction Contracts – Adjudications under Building and Construction Industry Security of Payment Act – application for declaration that defendant builder is not entitled to adjudicated amounts and injunction restraining registration and enforcement of adjudication - whether agreement between plaintiff principal and defendant resulted in binding agreement whereby builder was not entitled to recover payment for certain additional works over and above an agreed sum, the value of which was included in adjudicated amount – if so, whether agreement was avoided by s 34 – whether subsequent agreement for settlement of proceedings 5158/08 on terms that an amount be paid into court pending outcome of proceedings precluded prosecution of a progress payment claim – if so, whether such agreement was avoided by s 34 – whether principal who suffers adverse adjudication can bring proceedings for declaratory and injunctive relief for restitution of sum paid pursuant to adjudication or to restrain enforcement of adjudication.

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