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Emag Constructions P/L v Highrise Concrete Contractors (Aust) P/L [2003] NSWSC 903
Contract -construction contract - payment claim - non-payment of amount claimed -Building and Construction Industry Security of Payment Act 1919 (NSW) - progress payment claim - payment schedule of $Nil - adjudication attempted service of adjudication application - appointment of adjudicator -failure to provide adjudication response - validity of acceptance of appointment by adjudicator - jurisdiction of adjudicator to adjudicate -validity of determination given by adjudicator - sections 13, 14, 17, 19, 20, 21, 31 of the Act - Service - ordinary meaning of "service" - validity of service of documents on legal representatives -principles of actual or ostensible authority in solicitors to receive service of copies of relevant notices -statutory construction - formal and strict requirements to observe time stipulations in the Act