Questionable construction adjudication decision against you?

It is well known that a security of payment adjudication decision can be challenged in Court for jurisdictional error. This article looks at what needs to be proven in order to prevent an adjudication decision being enforced before the Court makes its determination.

The recent Supreme Court decision in Karam Group Pty Ltd v Earthmoving Contractors Pty Ltd deals with the common circumstance where an interim injunction is sought while an alleged jurisdictional error of an adjudicator is determined by the Court. The case deals with whether or not recent views of the High Court preclude an injunction so that money would flow regardless, leaving a respondent to bear the risk of non-repayment should it ultimately be successful in its challenge of the decision.