Lahey Constructions Pty Limited v Newbold Bulk Haulage Pty Limited [2013] NSWSC 215
The adjudicator proceeded on a basis not raised by either party, denied natural justice by failing to invite further submissions, and failed to give reasons for accepting the claimed quantum, thereby rendering the determination void.
- Jurisdiction
- Australia
- Judgment Date
- 15 March 2013
- Procedural Posture
- Principal Judgment Application to Set Aside Adjudication Determination / Decision After Hearing of Application
- Outcome
- Plaintiff's application allowed; adjudication determination declared void
- Legal Topics
- ['adjudication' 'natural Justice' 'procedural Fairness' 'security of Payment']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Principal Judgment Application to Set Aside Adjudication Determination / Decision After Hearing of Application
Legal Issues
- 1 ["Whether the adjudicator's determination was void for denial of natural justice" 'Whether the adjudicator considered matters required under section 22 of the Building and Construction Industry Security of Payment Act 1999 (NSW)' 'Whether reasons were given for the determination as required by statute']
Ratio Decidendi
The adjudicator proceeded on a basis not raised by either party, denied natural justice by failing to invite further submissions, and failed to give reasons for accepting the claimed quantum, thereby rendering the determination void.
Court Disposition
Plaintiff's application allowed; adjudication determination declared void
Orders
- ['Decision of adjudicator dated 6 November 2012 declared void and set aside']
Full Case Text
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