An adjudicator's failure to give parties an opportunity to make submissions on a point not raised by the parties does not constitute a denial of natural justice unless the point was material to the determination — materiality requires analysis of both the importance of the point to the actual decision and whether submissions could realistically have affected the outcome. Adjudicators determining final payment claims including retention fund claims are not bound by contractual certification regimes requiring the issue of final or special certificates as preconditions to release. The Court has power to order an adjudicator to reconsider an application by way of mandamus under s 69 of the Supreme Court Act 1970 (NSW), notwithstanding that certiorari is unavailable following Brodyn.
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