NSW COURT OF APPEAL CONFIRMS REDUCED SCOPE TO CHALLENGE AN ADJUDICATOR’S DETERMINATION

Commercial Directions

Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2)
[2016] NSWCA 379

Moray & Agnew acted for the appellant, Shade Systems Pty Ltd, in a matter heard by an expanded bench of five judges in the Court of Appeal.

In the decision handed down by the Court of Appeal today allowing the appeal, the Court unanimously held that the Building and Construction Industry Security of Payment Act 1999 (NSW) did not permit review of the determination of an adjudicator otherwise than for jurisdictional error.

The decision provides comfort for Claimants that determinations will not be able to be challenged or set aside for non-jurisdictional error of law.

Moray & Agnew will provide a more detailed commentary on this decision in January 2017. In the meantime, the judgment is available here.

Authored by Patrick Kaluski, Partner, Newcastle.


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