2 Sept 2011
M VAN DER WAL BUILDERS & CONTRACTORS LTD V PETER WALKER AND PHILIPPA DUNPHY HC AK CIV 2011-004-000083
- Citation
- openlaw-42bb3ae6_b13b_4c3f_bd48_93659fe280ac.pdf
- Court
- High Court
Summary judgment was dismissed because there is a genuine, material evidential dispute whether a construction contract existed (so adjudicator jurisdiction is arguable and cannot be resolved on summary judgment) and because awards described as damages for breach are not necessarily 'payments under' a construction contract enforceable under s59; if no qualifying contract exists the adjudication is void and not enforceable.