Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 24 JUNE 2024

Market Intelligence Thought Leadership Award Winner

Submissions "Duly Made" & The Scope Of The Adjudicator's Obligation To Consider

Vincent Young
Explore more from Vincent Young

The recent case of Bega Valley Shire Council v Kenpass Pty Ltd [2024] NSWSC 399 ("Bega Council v Kenpass") discusses the level of consideration an adjudicator...

AustraliaLitigation, Mediation & Arbitration
Vincent Young
Vincent Young

Bega Valley Shire Council v Kenpass Pty Ltd [2024] NSWSC 399

The recent case of Bega Valley Shire Council v Kenpass Pty Ltd [2024] NSWSC 399 ("Bega Council v Kenpass") discusses the level of consideration an adjudicator must have for each party's arguments under section 22(2) of the Building and Construction Industry Security of Payment Act 1999 (NSW) ("SOPA").

Issues

In Bega Council v Kenpass, Bega Valley Shire Council ("the Council") unsuccessfully sought to set aside an adjudication determination in favour of Kenpass on the grounds of jurisdictional error.

The jurisdictional error alleged by the Council was with respect to a part of the adjudication determination concerning the quantification of delay damages. The Council challenged this on three grounds:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

How To Draft A Defence And Reply

Queensland civil procedure requires defendants to respond to each factual allegation with precision—admissions, denials, or non-admissions must be properly explained, while inadequate responses risk being treated as admissions. Replies serve a distinct and limited purpose, addressing only new matters raised in the defence that could affect the claim's maintainability or introduce unexpected factual questions.
AustraliaLitigation, Mediation & Arbitration
Stonegate Legal
Stonegate Legal