An adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) is amenable to certiorari for jurisdictional error but not for non-jurisdictional error of law. Section 14(3) requires a respondent to indicate in its payment schedule any reason whatsoever for withholding payment, not merely set-offs or cross-claims, but the standard of particularity is less than that required for court pleadings — sufficient to enable the claimant to understand in broad outline the issue between the parties. Where jurisdictional error infects any part of a multi-item determination, the entire determination must be quashed because the Act provides for only a single adjudicated amount. Following quashing, the claimant may make a fresh adjudication application under s.26.
The full text is available to signed-in members, including the 174 later cases that cite this judgment.
33 of the 174 citing cases carry a classified treatment. How each court treated it is available to signed-in members.