QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.139Application to court by person prejudicially affected
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### sec.139 Application to court by person prejudicially affected
A person who alleges to be prejudicially affected by a claim of a subcontractor’s charge may apply to any court of competent jurisdiction for an order that—
the claim be cancelled; or
the effect of the claim be modified.
The court must hear and determine the application summarily and may make such order as it considers appropriate.
(sec.139-ssec.1) A person who alleges to be prejudicially affected by a claim of a subcontractor’s charge may apply to any court of competent jurisdiction for an order that— the claim be cancelled; or the effect of the claim be modified.
(sec.139-ssec.2) The court must hear and determine the application summarily and may make such order as it considers appropriate.
- (a) the claim be cancelled; or
- (b) the effect of the claim be modified.