Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16:
1. LEEMING JA: I agree with the orders proposed by Mitchelmore JA, and with her Honour's reasons. I also agree with McHugh JA's judgment. What follows presupposes familiarity with the background and issues arising on the appeal, cross-appeal and notice of contention.
2. First, it is important to bear steadily in mind that this litigation concerns only the validity of an adjudicator's determination in favour of BPB in the amount of $277,007.16. The Building and Construction Industry Security of Payment Act 1999 (NSW) (Security of Payment Act) entitles BPB to enforce that certificate as if it were a judgment, but subject to the vi...