Multiplex Constructions Pty Ltd v Luikens and Anor [2003] NSWSC 1140

Multiplex Constructions Pty Ltd v Luikens and Anor [2003] NSWSC 1140

A determination of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) may be quashed upon jurisdictional error, but not for mere non-jurisdictional error of law; in this case, the adjudicator erred by excluding material relating to Item 9 which should have been considered, amounting to jurisdictional error and invalidating the entire determination.

Jurisdiction
Australia
Judgment Date
04 December 2003
Procedural Posture
Judicial Review (certiorari) Application / Final Hearing and Judgment
Outcome
Determination quashed for jurisdictional error.
Legal Topics
["judicial Review of Adjudicator's Determination" 'building and Construction Industry Security of Payment Act 1999 (nsw)' 'jurisdictional Error' 'certiorari' 'scope of Payment Schedules Under the Act']
['administrative Law' 'construction Law'] ["judicial Review of Adjudicator's Determination" 'building and Construction Industry Security of Payment Act 1999 (nsw)' 'jurisdictional Error' 'certiorari' 'scope of Payment Schedules Under the Act']

Case Brief

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Procedural Posture

Judicial Review (certiorari) Application / Final Hearing and Judgment

Legal Issues

  1. 1 ['Is a determination of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) subject to judicial review by certiorari?' 'Does the Act exclude the remedy of certiorari for jurisdictional or non-jurisdictional error?' 'What must a payment schedule disclose under s.14(3) of the Act?' 'Did the adjudicator fall into jurisdictional error by excluding certain matters from consideration?']

Ratio Decidendi

A determination of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) may be quashed upon jurisdictional error, but not for mere non-jurisdictional error of law; in this case, the adjudicator erred by excluding material relating to Item 9 which should have been considered, amounting to jurisdictional error and invalidating the entire determination.

Court Disposition

Determination quashed for jurisdictional error.

Orders

  • ['The Determination of the First Defendant dated 24 July 2003 be quashed.' 'Proceedings stood over for short minutes of order and argument as to costs.']