Lahey Constructions Pty Ltd v Trident Civil Contracting Pty Ltd [2013] NSWSC 176

Lahey Constructions Pty Ltd v Trident Civil Contracting Pty Ltd [2013] NSWSC 176

The adjudicator committed jurisdictional error by failing to have proper regard to the terms of the contract, instead relying solely on the object of the Act, and further denied the parties natural justice by deciding on a basis not advanced or notified to them. As a result, the determination is void.

Jurisdiction
Australia
Judgment Date
08 March 2013
Procedural Posture
Principal Judgment / Decision After Hearing
Outcome
Determination void
Legal Topics
['adjudication' 'payment Schedule Requirements' 'jurisdictional Error' 'procedural Fairness' 'natural Justice']
['building and Construction Law' 'administrative Law'] ['adjudication' 'payment Schedule Requirements' 'jurisdictional Error' 'procedural Fairness' 'natural Justice']

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Procedural Posture

Principal Judgment / Decision After Hearing

Legal Issues

  1. 1 ["Whether the adjudicator's determination is void due to jurisdictional error" 'Whether there was a failure to give proper reasons under the Building and Construction Industry Security of Payment Act 1999' 'Whether there was a denial of natural justice']

Ratio Decidendi

The adjudicator committed jurisdictional error by failing to have proper regard to the terms of the contract, instead relying solely on the object of the Act, and further denied the parties natural justice by deciding on a basis not advanced or notified to them. As a result, the determination is void.

Court Disposition

Determination void

Orders

  • []