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ARTICLE · 27 NOVEMBER 2023

Jurisdictional Errors Of An Adjudicator

Vincent Young
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The case of Miller v LMG Building Pty Ltd [2023] NSWSC 995 is a reminder of the obligations of an adjudicator when making a determination under the Building and Construction...

AustraliaReal Estate and Construction
Brett Vincent
Brett Vincent
Vick Tan
Vick Tan

Miller v LMG Building Pty Ltd [2023] NSWSC 995

Introduction

The case of Miller v LMG Building Pty Ltd [2023] NSWSC 995 is a reminder of the obligations of an adjudicator when making a determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act).

Relevant facts

On 30 July 2021, Ms Suzanne Miller (Ms Miller) engaged LMG Building Pty Ltd (LMG) to undertake alternations and additions to her home for a fixed price of $2,750,000 including GST. The contract was terminated on 4 April 2023.

On 18 May 2023, LMG issued a payment claim (Payment Claim). The Payment Claim was accompanied by a quantity surveyors' report evidencing the amount of work completed by LMG (CACC Report).

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