Adjudicators' determinations under the Building and Construction Industry Security of Payment Act 1999 (NSW) are susceptible to judicial review for jurisdictional error and denial of natural justice, but not for non-jurisdictional error of law. An adjudicator who determines an application on a basis not advanced by either party, without giving notice to the parties, breaches natural justice. Where the construction contract makes express provision for valuing progress payments, the adjudicator must value in accordance with the contract under ss 9(a) and 10(1)(a), not under s 9(b).
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