Recent Cases

Forte Sydney Carlingford Development Pty Limited v Forte Sydney Carlingford Pty Limited [2024] FCAFC 9 (16 February 2024) (Markovic, Derrington and Halley JJ)


Catchwords:


PRACTICE AND PROCEDURE – application for leave to appeal from orders made restraining the applicant and the Australian Building & Construction Dispute Resolution Service Pty Ltd from referring a payment claim and adjudication application to an adjudicator under Pt 3 Div 2 of the Building and Construction Industry Security of Payment Act 1999 (NSW) – whether primary judge’s decision is attended by sufficient doubt – whether substantial injustice would result if leave were refused – application dismissed