Northbuild Construction Pty Ltd v Central Interior Linings Pty Ltd & Ors

[2010] QSC 95

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Adjudication under security of payment legislation
4. › Bona fide attempt to exercise power
5. › Whether adjudicator's broad-brush approach to variation claims demonstrated lack of bona fides
6. › Building and Construction Industry Payments Act 2004 (Qld), ss 17, 18, 26
1. Administrative Law
2. › Judicial review
3. › Natural justice
4. › Adjudication under security of payment legislation
5. › Whether adjudicator denied natural justice by not individually valuing each variation claim
6. › Whether pejorative remarks by adjudicator evidenced denial of natural justice
7. › Building and Construction Industry Payments Act 2004 (Qld), s 26(2)(d)
1. Building and Construction
2. › Security of payment legislation
3. › Adjudication
4. › Scope of judicial review
5. › Whether court may review adjudicator's decision for error of fact or law
6. › Distinction between judicial review and appeal
7. › Building and Construction Industry Payments Act 2004 (Qld), s 26

Quick Take

An adjudicator's adoption of a broad-brush approach to valuing numerous small variation claims (here, 73 claims mostly under $5,000) does not demonstrate a lack of bona fides where the expedited nature of the adjudication process makes individual valuation impracticable. Pejorative remarks by an adjudicator expressing dissatisfaction with a party's material do not, without more, establish a denial of natural justice.