An adjudicator's determination under the Building & Construction Industry Security of Payment Act 1999 (NSW) can only be challenged where it is void due to non-satisfaction of essential pre-conditions for its existence; errors in calculating the progress payment under s 9(a) are errors of law within jurisdiction and do not render the determination void. Relief in the nature of certiorari is not available; where a determination is void, the appropriate remedies are declaration and injunction. The preferable construction of s 9(a) is that the 'amount calculated in accordance with the terms of the contract' refers to the value of work calculated under the contract, not the amount certified by the Superintendent.
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3 of the 46 citing cases carry a classified treatment. How each court treated it is available to signed-in members.