Applying for a declaration that an Adjudication Decision is void
is a commonplace response to an adverse Adjudication Decision. What
needs to be borne in mind is that the mere filing of such
Application will not, without more, stop the successful claimant
from enforcing the Adjudication Decision. This was reinforced
recently in the New South Wales Supreme Court decision of Atlas
Construction Group Pty Limited v Fitz Jersey Pty
Limited.1
Facts
The parties entered into a contract for a large mixed use
development.
Atlas served a Payment Claim which was the subject of an
Adjudication Decision (the Adjudicator determined that the claimant
was entitled to about $ 11 million).
Fitz Jersey, believing that the Payment Claim had been delivered
outside of the statutory 12 month period provided by section
13(4)(b) of the Building and Construction Industry Security of
Payment Act 1999 (NSW) applied to the Court for a declaration
that the Adjudication Decision was void
(P
