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4 DefinitionsIn this Act: adjudicated amount means the amount of a progress payment that an adjudicator determines to be payable, as referred to in section 22. adjudication application means an application referred to in section 17. adjudication certificate means a certificate provided by an authorised nominating authority under section 24. adjudication fees means any fees or expenses charged by an authorised nominating authority, or by an adjudicator, under this Act. adjudication response means a response referred to in section 20. adjudicator , in relation to an adjudication application, means the person appointed in accordance with this Act to determine the application. authorised nominating authority means a person authorised by the Minister under section 28 to nominate persons to determine adjudication applications. business day means any day other than: (a) a Saturday, Sunday or public holiday, or (b) 27, 28, 29, 30 or 31 December. claimant means a person by whom a payment claim is served under section 13. claimed amount means an amount of a progress payment claimed to be due for construction work carried out, or for related goods and services supplied, as referred to in section 13. construction contract means a contract or other arrangement under which one party undertakes to carry out construction work, or to supply related goods and services, for another party. construction work is defined in section 5. due date , in relation to a progress payment, means the due date for the progress payment, as referred to in section 11. exercise a function includes perform a duty. function includes a power, authority or duty. payment claim means a claim referred to in section 13. payment schedule means a schedule referred to in section 14. progress payment means a payment to which a person is entitled under section 8, and includes (without affecting any such entitlement): (a) the final payment for construction work carried out (or for related goods and services supplied) under a construction contract, or (b) a single or one-off payment for carrying out construction work (or for supplying related goods and services) under a construction contract, or (c) a payment that is based on an event or date (known in the building and construction industry as a "milestone payment"). recognised financial institution means a bank or any other person or body prescribed by the regulations for the purposes of this definition. related goods and services is defined in section 6. respondent means a person on whom a payment claim is served under section 13. scheduled amount means the amount of a progress payment that is proposed to be made under a payment schedule, as referred to in section 14.
Thiess Pty Ltd & Anor v Zurich Specialties London Ltd & Anor [2009] NSWCA 47: Allsop P Macfarlan JA Sackville AJA Olbourne v Excell Building Corp Pty Limited [2009] NSWSC 349: Rein J Stallion Civil Group Pty Ltd v Tresedar Pty Ltd [2009] NSWDC 125: Hungerford ADCJ Boutique Developments Ltd v Construction & Contract Services Pty Ltd & Anor [2007] NSWSC 1042: Gzell J Coordinated Construction Co. Pty. Ltd. v. Climatech (Canberra) Pty. Ltd. & Ors. [2005] NSWCA 229
Kembla Coal and Coke v Select Civil and Ors [2004] NSWSC 628: McDougall J
Okaroo Pty Ltd v Vos Construction and Joinery Pty Ltd & Anor [2005] NSWSC 45 (11 February 2005) : Nicholas J Okaroo Pty Ltd v Vos Construction and Joinery Pty Ltd & Anor [2005] NSWSC 45
(11 February 2005) : Nicholas J
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