Denis McFadden & Anor v Daniel John Turnbull & Anor [2011] NSWSC 1294

Because Mr McFadden was a party to the contract and proposed to reside in the new home, s 7(2)(b) was engaged, and consequently the Act does not apply to the contract; therefore, the adjudicator lacked jurisdiction and the adjudication determination is void.

Jurisdiction: Australia
Judgment Date: 26 October 2011
Procedural Posture: Principal Judgment / Final Judgment
Outcome: Adjudication declared void; orders made in favour of plaintiffs.
Legal Topics: ['adjudication' 'residential Building Work' 'jurisdictional Error' 'interpretation of S 7(2)(b)']

['building and Construction' 'contract'] ['adjudication' 'residential Building Work' 'jurisdictional Error' 'interpretation of S 7(2)(b)']

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

1 ['Whether s 7(2)(b) of the Building and Construction Industry Security of Payment Act, 1999 applies to the present construction contract' 'Whether the adjudicator had jurisdiction to determine the adjudication application']

Ratio Decidendi

Court Disposition

Adjudication declared void; orders made in favour of plaintiffs.

Orders

['Declare that the purported adjudication determination dated 10 June 2011 is void.' 'Permanently restrain the first defendant from enforcing the judgment registered on 28 June 2011 in District Court proceedings 2011/209835.' "Order first defendant to pay plaintiffs' costs." 'Order funds paid into court (including...