Northern Territory Consolidated Acts

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CONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS) ACT - SECT 28A

Withdrawing an application for adjudication

28A. Withdrawing an application for adjudication

(1) If a party has applied for adjudication of a dispute under section 28(1), the party may withdraw the application before an adjudicator has been appointed by giving written notice to:

(a) the prescribed appointer served with the application under section 28(1)(c)(ii) or (iii); and

(b) each other party to the contract.

(2) If an adjudicator has been appointed, the party may withdraw the application by giving written notice to:

(a) the adjudicator; and

(b) each other party to the contract.

(3) However, the adjudicator must refuse the withdrawal if:

(a) a party to the contract objects to the withdrawal; and

(b) in the opinion of the adjudicator, the party objecting to the withdrawal has a legitimate interest in obtaining a determination of the application.



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