Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty Ltd [2018] NSWCA 339

Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty Ltd [2018] NSWCA 339

There was no reviewable error or jurisdictional error in the adjudicator’s determination. The adjudicator did not exceed her jurisdiction by considering backcharges, as they were part of the payment schedule and dispute. Error in construing the scope of the payment claim does not constitute a jurisdictional error warranting judicial review.

Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; orders below set aside; proceedings dismissed; costs awarded to appellant; moneys in court ordered to appellant.
Legal Topics
['judicial Review' "adjudicator's Determination" 'jurisdictional Error' 'scope of Payment Claim' 'building and Construction Industry Security of Payment Act 1999 (nsw)']
['administrative Law' 'building and Construction'] ['judicial Review' "adjudicator's Determination" 'jurisdictional Error' 'scope of Payment Claim' 'building and Construction Industry Security of Payment Act 1999 (nsw)']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Did the adjudicator exceed jurisdiction by awarding amounts not claimed in the payment claim?' 'Did the adjudicator err in considering backcharges not included in the payment claim or payment schedule?' 'Did any error constitute a jurisdictional error warranting judicial review?']

Ratio Decidendi

There was no reviewable error or jurisdictional error in the adjudicator’s determination. The adjudicator did not exceed her jurisdiction by considering backcharges, as they were part of the payment schedule and dispute. Error in construing the scope of the payment claim does not constitute a jurisdictional error warranting judicial review.

Court Disposition

Appeal allowed; orders below set aside; proceedings dismissed; costs awarded to appellant; moneys in court ordered to appellant.

Orders

  • ['Allow the appeal and set aside order (1) made on 19 October 2018 (quashing the determination of the adjudicator) and order (1) made on 24 October 2018 (as to costs).' 'In place of those orders, order that the proceedings brought in the Equity Division by Australia Avenue Developments Pty Ltd be dismissed.'...