Jason Mitchenson (led by Alistair Wyvill SC) appeared for the Plaintiff, instructed by Thomson Geer Lawyers.
This case involved an adjudication between parties to a construction contract regarding a payment dispute. Its issues pertained to whether the adjudicator’s failure to determine a payment date was fatal to the determination’s validity, whether the adjudicator erred in failing to determine whether a payment claim complied with the requirements of the contract, and whether the respondent is bound by its election to commence a second application. The Court held that the first determination was not rendered invalid by the adjudicator’s failure to state a payment date. The Court also held that the adjudicator fell into jurisdictional error by misconceiving his jurisdiction by determining that the contractual prerequisites for the making of a payment claim were irrelevant. The Court held that the respondent is not bound by its election to commence.
The judgment can be read by clicking here
