For the fourth time the High Court in Ireland has
enforced a decision of an adjudicator, following reference of a
payment dispute to adjudication under the Construction Contracts
Act 2013.
To date, all applications for enforcement of an
adjudicator's decision have been successful. We looked at the
judgments in the three previous applications
here,
here and
here. What did the latest case,
John Paul Construction v Tipperary Co-operative Creamery Ltd,
involve?
Fair Procedures and Natural Justice
First, the paying party, Tipperary Co-operative Creamery Ltd.,
in resisting enforcement of the adjudicator's decision, argued
that the adjudicator failed to comply with the requirements of fair
procedures and natural justice because he failed to consider the
defence put forward by Tipperary. Mr Justice Simons said that, were
this claim to be made out on the facts, it would justify refusal of
leave to enforce the decision: fair procedure demands a right to be
heard
