19 Jul 2018
ANDERSON AND ANOR v SWINDELLS & ANOR [2018] NZHC 1803
- Citation
- [2018] NZAR 1375
- Court
- High Court
The adjudicator exceeded his jurisdiction and committed a serious breach of natural justice by deciding entitlement on the basis that applicants failed to provide payment schedules under s 21 CCA — an issue not raised or argued by the parties — without giving them an opportunity to be heard on that point; he also failed to take into account relevant expert evidence, took irrelevant considerations into account, and provided inadequate reasons, thereby vitiating the adjudication and warranting quashing of the determination.