Iskra v MMIR Pty Limited

[2019] NSWCA 126

NSW Court of Appeal

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Interrogate

Catchwords

1. Building and Construction
2. › Security of payment
3. › Adjudication of payment claim
4. › Review of adjudicator's determination
5. › Whether adjudicator engaged in process of evaluation of value of construction work
6. › Whether adjudicator simply allowed claim in full in default of valid submission against it
7. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 9, 10, 22
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Adjudicator's determination under security of payment legislation
5. › Whether error of law in construing contract constitutes jurisdictional error
6. › No requirement for legally correct language
7. › Fine-tooth comb approach not appropriate
8. › Building and Construction Industry Security of Payment Act 1999 (NSW), s 22

Quick Take

An adjudicator's determination under the SOP Act will not be quashed for jurisdictional error where the adjudicator engaged in a process of evaluation of the value of construction work, even if the adjudicator's construction of the contract or assessment of value was erroneous, and the adjudicator's reasons are not to be examined with a fine-tooth comb or a requirement of legally correct language.