Testimonials

Building and Construction Industry Security of Payment Act - 30/09/2010

C (Retailer) v H (Shop Fitter)
September 2010

Adjudicator’s decision is now able to be challenged for jurisdictional error in the Supreme Court. The Supreme Court, Court of Appeal in September 2010 held that a decision of an adjudicator under the Building and Construction Industry Security of Payment Act is able to be reviewed in relation to matters of jurisdictional error. Relief is in the nature of Certorari. Such relief was not available until this case because of the case of Brodyn Pty Limited v Davenport (2004) 61NSWLR 421. Many Counsel (were of a private view) that there should be such relief available. However Counsel experienced in this area, took the view that because of Brodyn’s case there was no opportunity of the outcome that we have obtained on behalf of the Retailer in the above matter. This case will see a fundamental change in the approach to the Adjudicator’s Determinations and their enforceability.

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