NSW Caselaw
New South Wales Supreme Court
CITATION : Filadelfia Projects Pty Limited v EntirITy Business Services Pty Limited [2009] NSWSC 1468
HEARING DATE(S) : 23 December 2009 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 23 December 2009
DECISION : Application dismissed with costs.
CATCHWORDS : ADMINISTRATIVE LAW - Particular Tribunals or Bodies - Injunctions sought to restrain the defendant from seeking adjudication of a payment claim under the Building and Construction Industry Security of Payment Act 1999 - plaintiff party to contract with third party who subcontracted to defendant - claims made by defendant on third party under the Act - upon termination of subcontract, defendant made claim upon plaintiff - whether an abuse of the processes of the Act
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999
CATEGORY : Procedural and other rulings
Urban Traders v Paul Michael [2009] NSWSC 1072 Dualcorp Pty Ltd v Remo Constructions Pty Ltd [2009] NSWCA 69 CASES CITED : Perform (NSW) Pty Ltd v Mev-Aus Pty Ltd [2009] NSWSC 416 Batistatos v Roads and Traffic Authority (NSW) [2006] HCA 27; (2006) 226 CLR 256 Ridgeway v The Queen [1995] HCA 66; (1995) 184 CLR 19
PARTIES : Filadelfia Projects Pty Limited (Plaintiff) EntirITy Business Services Pty Limited (Defendant)
FILE NUMBER(S) : SC 331921/09
COUNSEL : S Goldstein (Plaintiff) D Feller SC/A Kostopoulos (Defendant)
SOLICITORS : Veritas Legal (Plaintiff)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
GZELL J
WEDNESDAY 23 DECEMBER 2009
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