Lindvest DM Pty Ltd v CPDM Pty Ltd

[2020] NSWSC 1290

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Building and Construction
2. › contractual rights preserved by s 32 of the Building and Construction Industry Security of Payment Act 1999 (NSW)
3. › party seeking final relief in relation to contractual rights while adjudication determination remains unsatisfied
1. Civil Procedure
2. › abuse of process
3. › whether it is an abuse of process for a party to commence and prosecute proceedings seeking to enforce contractual rights
4. › where adjudication determination made under s 22 of the Act
5. › where judgment has been entered against it under s 25 of the Act
6. › where party does not seek to stay or set aside judgment under s 25(1) of the Act
7. › where party does not pay amount of judgment debt into court