Axis M&E UK Ltd & Anor v Multiplex Construction Europe Ltd [2019] EWHC 169 (TCC) (4 February 2019)

Axis M&E UK Ltd & Anor v Multiplex Construction Europe Ltd [2019] EWHC 169 (TCC) (4 February 2019)

The error in the original adjudicator's decision was an arithmetical error in deducting contra-charges, which falls within the statutory slip rule. The Adjudicator was entitled to correct this error and make consequential corrections, including interest. The Amended Decision is enforceable.

Source-derived case information.

Citation
[2019] EWHC 169 (TCC)
Parties
Claimant: AXIS M&E UK LIMITED; Claimant: AXIS PLUMBING NSW PTY LIMITED; Defendant: MULTIPLEX CONSTRUCTION EUROPE LIMITED
Jurisdiction
England and Wales
Judgment Date
04 February 2019
Procedural Posture
Summary Judgment Application / Judgment on Enforcement of Adjudicator's Decision
Outcome
Summary judgment granted for the Claimants
Legal Topics
Adjudication Enforcement, Slip Rule, Jurisdiction of Adjudicator, Summary Judgment, Correction of Adjudicator's Decision
Construction Law Contract Law Civil Procedure Adjudication Enforcement Slip Rule Jurisdiction of Adjudicator Summary Judgment Correction of Adjudicator's Decision

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Parties

AXIS M&E UK LIMITED

Claimant

AXIS PLUMBING NSW PTY LIMITED

Claimant

MULTIPLEX CONSTRUCTION EUROPE LIMITED

Defendant

Procedural Posture

Summary Judgment Application / Judgment on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to correct his decision under the slip rule
  2. 2 Whether the corrected (Amended) Decision is enforceable
  3. 3 Whether consequential corrections (interest, fees) are permitted under the slip rule

Ratio Decidendi

The error in the original adjudicator's decision was an arithmetical error in deducting contra-charges, which falls within the statutory slip rule. The Adjudicator was entitled to correct this error and make consequential corrections, including interest. The Amended Decision is enforceable.

Court Disposition

Summary judgment granted for the Claimants

Orders

  • Defendant to pay Claimants £643,072.89 principal sum
  • Defendant to pay Claimants £11,046.76 interest