Axis M&E UK Ltd & Anor v Multiplex Construction Europe Ltd

Axis M&E UK Ltd & Anor v Multiplex Construction Europe Ltd

The adjudicator's error in over-deducting contra-charges was an arithmetical error within the slip rule; the correction reflected his original intention and was not a change of mind. Consequential corrections, including interest, are permitted. The amended decision is enforceable and summary judgment is granted.

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 Amended Decision
Outcome
Summary judgment granted for the principal and interest as per the amended adjudicator's decision.
Legal Topics
Adjudication Enforcement, Slip Rule, Jurisdiction of Adjudicator, Correction of Errors in Adjudicator's Decision
Construction Law Contract Law Adjudication Enforcement Slip Rule Jurisdiction of Adjudicator Correction of Errors in 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 Amended Decision

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to correct an arithmetical error under the slip rule
  2. 2 Whether the corrected (amended) decision is enforceable
  3. 3 Whether consequential corrections (interest, fees) are within jurisdiction

Ratio Decidendi

The adjudicator's error in over-deducting contra-charges was an arithmetical error within the slip rule; the correction reflected his original intention and was not a change of mind. Consequential corrections, including interest, are permitted. The amended decision is enforceable and summary judgment is granted.

Court Disposition

Summary judgment granted for the principal and interest as per the amended adjudicator's decision.

Orders

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