Building and Construction Industry Security of Payment Act 1999
Plaintiff against whom a judgment has been entered who brings proceedings seeking to prevent a party from relying on that judgment without seeking to set aside the judgment is aware that section 25 (4) of the Act requiring security will not be triggered
Court cautious to ensure justice between the parties but also to ensure that the legislation under which the application is brought is not circumvented
Case Details
Citation[2010] NSWSC 976
CourtNSWSC
JurisdictionNew South Wales
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