Failure to DIY - Determination set aside as adjudicator relies on third-party assistance

IN BRIEF - JUDGEMENT RAISES CONSIDERATIONS FOR ADJUDICATORS

In St Hilliers Property Pty Limited v ACT Projects Pty Ltd & Anor [2017] ACTSC 177, the ACT Supreme Court considered the extent to which an adjudicator appointed under the Building and Construction Security of Payment Act 2009 (Act) may receive assistance in deciding an adjudication application.

The Court found that the role of adjudicator is personal to the person who accepts their appointment and that a determination will be void if the adjudicator impermissibly delegates their function.

DID ADJUDICATOR FAIL TO FULFIL FUNCTION UNDER THE SECURITY OF PAYMENT ACT?

St Hilliers commenced proceedings seeking to set aside an adjudication application. During the proceedings, the adjudicator put an invoice into evidence that detailed the work performed on the determination. On review, the invoice revealed that half of the total hours spent on the determination was attributed to someone else.