Sierra Property Qld Pty Ltd v National Construction Management Pty Ltd & Ors

[2016] QSC 108

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Prerogative Writs and Orders
3. › Certiorari
4. › Grounds for Certiorari to Quash
5. › Excess or Want of Jurisdiction
6. › Failure to give reasons as jurisdictional error
7. › Whether failure to include reasons as required by statute invalidates decision
8. › Building and Construction Industry Payments Act 2004 (Qld), s 26(3)(b)
1. Building and Construction Law
2. › Security of Payment Legislation
3. › Adjudication
4. › Adjudicator's duty to give reasons
5. › Content of reasons required under s 26(3)(b)
6. › Whether blanket percentage allowance without addressing specific disputed categories constitutes adequate reasons
7. › Building and Construction Industry Payments Act 2004 (Qld), ss 26(1)-(3), 100(4)
1. Statutory Interpretation
2. › Mandatory and directory provisions
3. › Whether statutory requirement is condition of validity of exercise of power
4. › Application of Project Blue Sky test
5. › Building and Construction Industry Payments Act 2004 (Qld), s 26(3)(b)

Quick Take

The requirement under s 26(3)(b) of the Building and Construction Industry Payments Act 2004 (Qld) that an adjudicator's decision include reasons is a condition of the power to decide, and failure to comply constitutes jurisdictional error rendering the decision (or the affected part) void. An adjudicator who applies a blanket percentage allowance without addressing the specific disputed categories of work about which submissions were made does not provide adequate reasons. However, reasons that address the substance of the dispute and explain the adjudicator's conclusions — even if those conclusions are legally incorrect — will satisfy the requirement.