High Court dismisses two SOPA related appeals

Introduction

On 14 February 2018, the High Court handed down two decisions in relation to security of payment legislation: Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 (Probuild) and Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 (Maxcon).

Summary

In Probuild, the High Court, in dismissing the appeal, held that while the Supreme Court of New South Wales may grant relief for jurisdictional error by an adjudicator appointed under the Building and Construction Industry Security of Payment Act 1999 (NSW) (NSW Act), the NSW Act ousts the Supreme Court's jurisdiction to quash an adjudicator's determination for error of law on the face of the record, unless the error is a jurisdictional error.