Share on LinkedInShare on LinkedIn

ARTICLE · 30 JUNE 2017

When can a Court quash an adjudication determination?

The NSW Court held that the Act didn't permit review of the adjudication determination except for jurisdictional error.

AustraliaReal Estate and Construction

Recent judicial development

On what grounds can a Court quash an adjudication determination? A recent NSW Court of Appeal decision in Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd held that the Building and Construction Industry Security of Payment Act (the Security of Payment Act) didn't permit review of the determination of an adjudicator otherwise than for jurisdictional error.

The facts

Probuild Construction, head contractor, entered into an agreement with Shade Systems, a subcontractor, for the supply and installation of external louvers to the facade of an apartment complex in Chatswood.

In December 2015, Shade Systems served a payment claim on Probuild claiming $324,334.26 progress payment under the subcontract. In January 2016, Probuild served a payment schedule on Shade Systems indicating that it wouldn't make any payments. The dispute was referred to an adjudicator under the Security of Payment Act and the adjudicator delivered his

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from