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
