Where an adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) is declared void, the five business day period under s 26(3) for lodging a new adjudication application runs from the expiry of the s 21(3) determination period, not from the date of the court's declaration. This means a claimant who receives a void determination and later obtains a court declaration of voidness will almost certainly be out of time to lodge a new adjudication application under s 26. The majority departed from the approach of Palmer J in Multiplex v Luikens [2003] NSWSC 1140 (which had been followed in several Equity Division decisions) that time ran from the date of the court's quashing order. A claimant who suspects a determination is void should consider immediately lodging a new adjudication application within five business days of the expiry of the s 21(3) period, rather than waiting for a court declaration. The claimant retains the ability to lodge a new payment claim under s 13(6) or pursue contractual remedies under s 32.
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