Dewu Pty Ltd v Fabiano [2014] NSWSC 943

Even if the adjudicator erred in construing the contract to include the 'Scheduled Payment' document, such an error is within jurisdiction and does not invalidate the determination. The conclusion that the 'Scheduled Payment' formed part of the contract was open to the adjudicator and correct on the evidence.

Jurisdiction: Australia
Judgment Date: 14 July 2014
Procedural Posture: Application to Quash Adjudication Determination / Final Judgment
Outcome: Application dismissed
Legal Topics: ['adjudication Applications' 'jurisdictional Error' 'construction Contracts' 'security of Payment Act']

['building and Construction Law'] ['adjudication Applications' 'jurisdictional Error' 'construction Contracts' 'security of Payment Act']

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Procedural Posture

Application to Quash Adjudication Determination / Final Judgment

Legal Issues

1 ['Whether the adjudicator made an error within jurisdiction' 'Whether the adjudicator erred in determining the terms of the construction contract' 'Whether an error as to the terms, construction or application of a construction contract is a jurisdictional error']

Ratio Decidendi

Court Disposition

Application dismissed

Orders

['The originating process filed 4 December 2013 is dismissed with costs.' 'Exhibits are to be handed out once the revised version of these reasons has been made available to the parties.' "Liberty to apply reserved on three days' notice."]