An adjudicator who decides a dispute on an interpretation of a contract clause that neither party has advanced, without seeking submissions on that interpretation under s 25(4) of the Building and Construction Industry Payments Act 2004 (Qld), denies natural justice and the adjudication decision is void. The critical question is one of characterisation of the adjudicator's actual reasoning, read in context of the submissions made.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
2 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.