Maxcon Constructions Pty Ltd v VadaszCitation:[2018] HCA 5Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:14 Feb 2018Case Number:A17/2017Read more

The adjudicator's determination involved an error of law and the Supreme Court's jurisdiction to grant certiorari was not ousted by the Act.

Parties: Applicant: Unknown Applicant; Respondent: Unknown Respondent
Jurisdiction: Australia
Judgment Date: 14 February 2018
Procedural Posture: Judicial Review / Judgment
Outcome: Adjudicator's determination quashed
Legal Topics: Judicial Review, Certiorari, Error of Law, Security of Payment, Adjudication

Case Brief

Summary, issues, holding and outcome

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Unknown Applicant

Applicant

Unknown Respondent

Respondent

Judicial Review / Judgment

1 Whether the adjudicator's determination under the Building and Construction Industry Security of Payment Act 2009 (SA) involved an error of law
2 Whether the adjudicator's determination should be quashed
3 Whether the Act ousts the jurisdiction of the Supreme Court of South Australia to make an order in the nature of certiorari for non-jurisdictional error of law on the face of the record

The adjudicator's determination involved an error of law and the Supreme Court's jurisdiction to grant certiorari was not ousted by the Act.

Adjudicator's determination quashed

Order in the nature of certiorari issued quashing the adjudicator's determination