An adjudicator's decision under the Building & Construction Industry Payments Act 2004 (Qld) will be valid if the adjudicator makes a bona fide attempt to exercise the power in accordance with the Act, including a genuine attempt to understand and apply the construction contract; the test does not include a general requirement of reasonableness. An error of law or fact in interpretation of the contract does not invalidate the decision. Where the judgment creditor is in liquidation, enforcement of a judgment entered under s 31 may be stayed on conditions requiring the judgment debtor to commence s 100 proceedings promptly, but the judgment creditor will not be permitted access to funds paid into court to fund litigation.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
3 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.