A claim under s 15 of the Building and Construction Industry Security of Payment Act 1999 (NSW) for interim payment does not raise the same 'issue' as a building claim before the CTTT concerning the underlying contractual entitlement, and therefore s 22(3) of the CTTT Act does not deprive a court of jurisdiction to determine the SOPA claim. The exclusion in s 7(2)(b) of SOPA for residential building work cannot apply where the contracting party for whom the work is carried out is a corporation, because a corporation cannot 'reside' in premises. The word 'party' in s 7(2)(b) means a party to the construction contract, not a director or other natural person associated with the corporate party.
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