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ARTICLE · 08 DECEMBER 2010

A new option to challenge an adjudicator’s decision made under the Security of Payment Act is confirmed

The New South Wales Court of Appeal in Chase Oyster Bar v. Hamo Industries1 (Chase) has handed down an important decision about the Building and Construction Industry Security of Payment Act 1999 (NSW) (SoPA). The Court confirmed that the Supreme Court can set aside an adjudicator’s decision made under the SoPA where the necessary elements for the adjudicator to have power to make a decision do not exist. In legal speak, nothing in the SoPA removes the Supreme Court’s power to quash a decision m

AustraliaLitigation, Mediation & Arbitration

Introduction

Welcome to the December 2010 edition of Critical Path.

In this edition we:

  • consider the effect of amending contract documents during contractual negotiations without drawing the amendments to the attention of the other party to the transaction
  • investigate various models for construction management contracting
  • report on recent case law from the Queensland Supreme Court which suggests that a claimant can now deliver two identical payment claims in certain circumstances under the Building and Construction Industry Payments Act 2004, and
  • examine a decision of the New South Wales Court of Appeal which discusses the grounds upon which an adjudicator's decision can be challenged.

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