The Court granted an interlocutory injunction restraining enforcement of an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999 (NSW), finding a serious question to be tried that the adjudicator failed to perform his statutory function. McDougall J held that it was arguable the adjudicator abdicated his duty by merely stating a preference for the claimant's position without making any reasoned affirmative finding as to the amount of work completed or its value, particularly where the adjudicator had found the claimant's primary evidence unconvincing and the supporting invoices could not on their face justify the full amount awarded. The balance of convenience favoured injunctive relief where the plaintiff offered the usual undertaking as to damages and paid the adjudicated amount into court.
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