De Martin & Gasparini v Energy Australia [2002] NSWCA 330

BUILDING AND CONSTRUCTION CONTRACT - statutory construction - s14(3) Contractors Debts Act 1997 - attachment order - two stage process - whether the court is required to first assess the claim on the face of the application and then exercise a discretion of whether to make the order after considering other relevant evidence

LEGISLATION CITED: Building and Construction Security of Payment Act 1999 (NSW) - Contractors Debts Act 1997  -NSW) ss5-9; s14 - Interpretation Act 1987 s33 - Residential Tribunal Act 1998 s63(2)

Click here to read full-screen | Click here to print the case