An adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) must, at minimum, determine whether the construction work the subject of a payment claim has been performed and what is its value, even where the respondent's submissions are rejected as outside the scope of the payment schedule. Simply awarding the full amount claimed upon rejection of the respondent's material constitutes jurisdictional error rendering the determination void. The appointment of a private receiver to a company does not alter the requirements for valid service on that company.
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