The Court held that the construction contract was between Zebicon (the builder) and Entirity (the subcontractor), not between Filadelfia (the developer) and Entirity, based on objective assessment of pre- and post-contractual conduct including invoicing, payment certificates, statutory declarations, and termination correspondence. Although a denial of natural justice occurred because different documents were supplied to the adjudicator and the opposing party, the Court exercised its discretion to refuse relief on that ground where the conduct was not deliberate and the substantive issue had been determined on the merits at a full hearing. The Court also held that the duty of full disclosure applicable to ex parte applications does not apply to adjudication proceedings under the SOP Act where the respondent has an opportunity to be heard, even though the timetable is tight.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.