J & M Resurfacing Ltd v Orbital Site Services Ltd

J & M Resurfacing Ltd v Orbital Site Services Ltd

There was no excess of jurisdiction or breach of natural justice by the adjudicator; the dispute referred was determined; therefore, the adjudicator's decision must be enforced.

Source-derived case information.

Parties
Claimant: J & M Resurfacing Limited; Defendant: Orbital Site Services Limited
Jurisdiction
England and Wales
Judgment Date
16 August 2016
Procedural Posture
Adjudication Enforcement and Summary Judgment Application / Judgment
Outcome
Judgment for the claimant; enforcement of adjudicator's decision granted.
Legal Topics
Adjudication Enforcement, Summary Judgment, Contractual Payment Terms, Errors of Law in Adjudication
Construction Law Civil Procedure Adjudication Enforcement Summary Judgment Contractual Payment Terms Errors of Law in Adjudication

Source-derived case record

Summary, issues, holding and outcome

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Parties

J & M Resurfacing Limited

Claimant

Orbital Site Services Limited

Defendant

Procedural Posture

Adjudication Enforcement and Summary Judgment Application / Judgment

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced despite alleged errors of law
  2. 2 Whether the sums claimed were due given the works were incomplete and defective
  3. 3 Whether there was excess of jurisdiction or breach of natural justice by the adjudicator

Ratio Decidendi

There was no excess of jurisdiction or breach of natural justice by the adjudicator; the dispute referred was determined; therefore, the adjudicator's decision must be enforced.

Court Disposition

Judgment for the claimant; enforcement of adjudicator's decision granted.

Orders

  • Judgment entered for the claimant in the sum of £38,757.18.