Procedural Fairness In Adjudication

Demex Pty Ltd v McNab Building Services Pty Ltd [2023] NSWCA 261

The recent NSW Court of Appeal decision in McNab Building Services Pty Ltd v Demex Pty Ltd [2023] NSWCA 261 considered an appeal of a NSW Supreme Court decision quashing an Adjudicator's decision under the Building and Construction Industry Security of Payments Act 1999 (NSW) (SOP Act). The decision considered the application of the principles around procedural fairness in adjudication.

Facts

McNab Building Services Pty Ltd (Respondent) entered into a subcontract with Demex Pty Ltd (Claimant) for the removal of asbestos from a construction site in Tweed Heads in the north of New South Wales (Works).

Payment Claim