No nuances in adjudicator duty: Nuance Group v Shape Australia [2018] VSC 362

Nuance Group (Australia) Pty Limited (Nuance) received a payment claim from Shape Australia Pty Limited (Shape) under the Building and Construction Industry Security of Payment Act 2002 (Vic) (Act) for over $3.5 million, and responded by issuing a payment schedule which listed the total amount payable to Shape as '$nil'. Shape initiated an adjudication application for $2,243,105.55 (Claimed Amount).

The Adjudicator determined that $1,400,007.12 was payable by Nuance. Nuance submitted the determination for review under section 28B of the Act. The reviewing adjudicator subsequently reduced the figure to $1,216,715.72 (Reviewed Determination).

Nuance challenged the validity of the initial determination and, therefore, the Reviewed Determination on the basis that the Adjudicator had erred in making his determination. Shape maintained its position that the Adjudicator had correctly discharged his obligations under the Act.