The Court held that an adjudicator committed jurisdictional error by misconstruing s 13(4)(b) of the Building and Construction Industry Security of Payment Act 1999 (NSW), finding the payment claims valid by reference to the defects liability period rather than the date construction work was last carried out, when the claims were served 15-16 months after work ceased. The Court also held that an adjudication response emailed to the nominating authority's designated email address but caught by its spam filter was nonetheless 'lodged' within time, applying s 13A of the Electronic Transactions Act 2000 (NSW), because the email was 'capable of being retrieved' at the designated electronic address even though it was never opened or read. The adjudicator's failure to consider the lodged adjudication response constituted a denial of natural justice, providing an independent basis for quashing the determinations.
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