Adjudication

Payment claim - Non-party

In Filadelfia Projects Pty Limited v EntirITy Business Services Pty Limited [2009] NSWSC 1468 (23 December 2009), an injunction was sought to restrain the Respondent from seeking adjudication of a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) ("the Act").  Applicant party to contract with third party who subcontracted to Respondent.  Subcontract terminated and Respondent made payment claim, asserting Applicant had contract with Respondent.  Applicant yet to determine whether or not to file payment schedule and thus sought to restrain Respondent from seeking adjudication of payment claim.  Applicant submitted abuse of process to serve documents under the Act as Applicant not a party to construction contract for purposes of the Act.  Held (dismissing Application): Lodging adjudication documents under Act against person who turns out to be non-party does not itself amount to an abuse of process.