The appellant, a head contractor on a building project, purported to appeal against the decision of a County Court judge upholding a sub-contractor’s application for summary judgment in respect of a payment claim made under s 14(1) of the Building and Construction Industry Security of Payment Act 2002 (“the Act”). The appellant had resisted the application, contending that the sub-contractor was the wrong plaintiff, as all construction work had been carried out by a related company of the sub-contractor. The appellant served a notice of discontinuance before the hearing of the appeal.