An adjudicator who reads submissions but fails to take them into account at the point of decision-making has not 'considered' them as required by s 26(2) BCIPA, and this failure constitutes jurisdictional error rendering the entire adjudication decision void. The s 28 slip rule cannot be used to correct errors that involve a change in the underlying methodology of calculation, as distinct from a simple substitution of figures. There is no mechanism to sever a valid part of an adjudication decision from a part infected by jurisdictional error under the Queensland BCIPA.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.