The Court held that an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) is void where, as at the statutory deadline under s 21(3), the adjudicator had not resolved all matters in dispute, even though the bulk of issues had been decided. The adjudicator's post-deadline expedient of adopting the respondent's scheduled amounts for unresolved items did not constitute a timely determination. Once the statutory time expired and the claimant validly withdrew the application under s 26, the adjudicator's power to make any determination was revoked. Indemnity costs were refused as the respondent had argued a fairly contestable point of law without relevant delinquency.
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