John Holland P/L v Roads & Traffic Authority of New South Wales [2007] NSWCA 140

Construction contract - security given by contractor for performance and satisfaction of obligations - provision for partial release after practical completion if principal of opinion that it was just and equitable - in course of works adjudicated amounts (Building and Construction Industry Security of Payment Act 1999) paid - principal contended that adjudicator's determinations incorrect - claimed to recover the adjudicated amounts - decision that partial release not just and equitable because of outstanding dispute over adjudicated amounts - whether retention for a purpose not within contractual purposes of holding security - contractual mechanisms could result in contractor having to pay to principal amounts of the adjudicated amounts - was within purpose of securing satisfaction of contractor's obligations - no inconsistency with Building and Construction Industry Security of Payment Act.

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

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