Holmwood Holdings Pty Ltd v Halkat Electrical Contractors Pty Ltd & Anor

• 1. Administrative Law
  2. › Judicial review
  3. › Adjudication determinations
  4. › Building and Construction Industry Security of Payment Act 1999 (NSW)
  5. › Grounds for judicial review
  6. › Failure to have regard to relevant considerations
  7. › Distinction between error in considering relevant term and failing to consider it at all
  8. › Whether failure to consider provision of construction contract invalidates determination
  9. › ss 22(2)(b), 25
• 1. Administrative Law
  2. › Judicial review
  3. › Good faith
  4. › Content of good faith requirement
  5. › Whether good faith limited to absence of dishonesty, malice or personal interest
  6. › Whether extends to capriciousness and failure to make genuine and conscientious attempt
  7. › Whether resolving dispute on basis of credit findings unrelated to merits constitutes want of good faith
  8. › Hickman principle
• 1. Administrative Law
  2. › Judicial review
  3. › Natural justice
  4. › Adjudication under Building and Construction Industry Security of Payment Act 1999 (NSW)
  5. › Extent to which adjudication application may contain material not in payment claim
  6. › Whether additional material within scope or ambit of payment claim
  7. › Whether adjudicator required to notify party of possibility that opposing assessment might be preferred
• 1. Building and Construction
  2. › Security of payment legislation
  3. › Adjudication determinations
  4. › Validity requirements
  5. › Failure to consider provisions of construction contract
  6. › Failure to consider payment schedule submissions
  7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 11, 13, 14, 17, 20, 21, 22, 25

Quick Take