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ARTICLE · 24 JULY 2016

Probuild Constructions (AUST) Pty Ltd V Shade Systems Pty Ltd [2016] NSWSC 770

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A recent construction law case considered the issue of judicial review.

AustraliaReal Estate and Construction
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KEYWORDS: SECURITY OF PAYMENT; JUDICIAL REVIEW KEY TAKEAWAY

In a decision which goes against the long-standing authority in Brodyn Pty Ltd v Davenport, 1 a single Judge of the New South Wales Supreme Court held that judicial review is available to quash an adjudicator's determination for a non-jurisdictional error of law on the face of the record.

This is an interesting result, as it has long been held that judicial intervention into adjudication determinations could only occur in instances of a breach of "the basic and essential requirements" which were "laid down for the existence of an adjudicator's determination". Whether or not future cases will follow this decision remains to be seen.

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