|
|
Article: Supreme Court Puts Adjudicators On Notice.(John Holland Group Proprietary Ltd.)(TAC Pacific Pty Ltd )
- Article from:
- Mondaq Business Briefing
- Article date:
- September 10, 2009
- Author:
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
Rebecca Roylance Jon Erbacher
Where a decision of an adjudicator made under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) determines an issue in dispute on a ground for which neither party contended, and the adjudicator fails to notify of that intended determination or allow submissions, the decision may be declared void. The decision in John Holland Pty Ltd v TAC Pacific Pty Ltd & Ors, recently handed down by the Supreme Court, demonstrates this.
The parties John Holland Pty Ltd and TAC Pacific Pty Ltd were parties to a construction contract. A dispute over a payment claim that TAC submitted went to adjudication under BCIPA.
...