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.


Related Articles

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…

Continue reading

Restrictive covenants in Victoria

Commercial Directions

Can they be varied or removed? What are they? Restrictive covenants are  a tool for protecting neighbourhood character and restricting long…

Continue reading

Security of Payment: Amendments to service of notice provisions

Commercial Directions

Following the introduction of the Electronic Transactions Legislation Amendment (Government Transactions) Act 2017 (NSW), important changes have been made to the…

Continue reading