BUILDING AND CONSTRUCTION INDUSTRY
SECURITY OF PAYMENT ACT
SECURITY OF PAYMENT ACT
—(1) In this Order, “Act” means the Building and Construction Industry Security of Payment Act (Chapter 30B) and any reference to a section shall be construed as a reference to a section in the Act.
(2) Expressions used in this Order which are used in the Act have the same meanings in this Order as in the Act.
(3) An application to which this Order applies must be made —
where an action is pending, by summons in the action; and
in any other case, by originating summons.
—(1) An application for leave to enforce an adjudication determination under section 27 shall be made to the Registrar by ex parte originating summons or summons.
(2) The supporting affidavit for an application referred to in paragraph (1) must —
exhibit the original adjudication determination and the contract to which the adjudication determination relates or, in either case, a copy thereof;
state the name and the usual or last known place of business of the applicant and the person against whom it is sought to enforce the adjudication determination (referred to in this Rule as the debtor), respectively; and
state the unpaid portion of the adjudicated amount.
(3) An order granting leave must be drawn up by or on behalf of the applicant, and must be served on the debtor —
by delivering a copy to him personally;
by sending a copy to him at his usual or last known place of business; or
in such other manner as the Court may direct.
(4) Within 14 days after being served with the order granting leave, the debtor may apply to set aside the adjudication determination and the adjudication determination shall not be enforced until after the expiration of that period or, if the debtor applies within that period to set aside the adjudication determination, until after the application is finally disposed of.
(5) The copy of the order served on the debtor must state the effect of paragraph (4).
—(1) An application to set aside an adjudication determination or a judgment must be supported by an affidavit which must —
have exhibited to it a copy of the adjudication determination and the contract to which the adjudication determination relates, and any other document relied on by the applicant;
state the grounds on which it is contended that the adjudication determination or judgment, as the case may be, should be set aside;
set out any evidence relied on by the applicant; and
be served with the application.
(2) [Deleted by S 806/2005]
(3) The applicant must, at the time of filing the application, provide security for the unpaid portion of the adjudicated amount that he is required to pay in consequence of the adjudication determination or judgment by means of a direction to the Accountant-General in Form 132 (a).
(4) If the party who is entitled to enforce the adjudication determination or the judgment wishes to oppose the application referred to in paragraph (1), he must file an affidavit stating the grounds on which he opposes the application within 14 days after being served with the application and the supporting affidavit.
(5) In this Rule, “judgment” means a judgment obtained pursuant to section 27.