Bezzina Developers P/L v Deemah Stone (Qld) P/L & Ors

[2008] QCA 213

Queensland Court of Appeal

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Interrogate

Catchwords

1. Arbitration
2. › Statutory adjudication
3. › Building and construction industry payments
4. › Adjudicator's obligations
5. › Valuation of work in later adjudication application
6. › Whether adjudicator obliged to adopt earlier valuation when not informed of earlier decision
7. › Building and Construction Industry Payments Act 2004 (Qld), s 27(2)
1. Arbitration
2. › Statutory adjudication
3. › Building and construction industry payments
4. › Adjudicator's powers and duties
5. › Obligation to decide not to inquire
6. › Whether adjudicator entitled to adopt claimant's valuation where respondent's payment schedule implicitly admitted valuation
7. › Building and Construction Industry Payments Act 2004 (Qld), ss 18(3), 26
1. Statutory Interpretation
2. › Context and purpose
3. › Presumption of consistent meaning
4. › Reading words into statute to avoid absurdity
5. › Whether statutory obligation can require decision-maker to act on information not provided to them

Quick Take

Section 27(2) of the Building and Construction Industry Payments Act 2004 (Qld) does not oblige an adjudicator to adopt a valuation from an earlier adjudication decision where neither party has informed the adjudicator of that earlier decision. Parties who wish to rely on an earlier adjudication valuation must bring it to the adjudicator's attention. An adjudicator is entitled to adopt a claimant's valuation of work where the respondent's payment schedule implicitly admits that valuation by confining its dispute to specific deductions.