Energy Australia v Downer Construction (Australia) P/L [2005] NSWSC 1042

BUILDING AND CONSTRUCTION - progress payments - Building and Construction Industry Security of Payment Act - claim for interlocutory injunction pending hearing of claim for declarations that purported adjudication void and of no effect - serious question to be tried - plaintiff's ability to seek setting aside of any judgment obtained under the Act not prejudiced - balance of convenience favours defendant - interlocutory injunction refused

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

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