The Court held that an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) who merely rejects a respondent's objections to variation claims without independently determining whether the construction work was carried out, whether it constituted a variation, and its value, has failed to perform the statutory function and the determination is void for jurisdictional error. This applies even where the respondent's payment schedule is deficient, as the absence of material from the respondent does not entitle the adjudicator to simply award the claimed amount without addressing the merits.
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