The Court held that a respondent to an adjudication application was not denied procedural fairness where, applying an objective test, it ought reasonably to have appreciated from inconsistencies between the adjudication application's variation register (Tab 7) and the supporting documents (Tab 8) that the adjudicator might determine claims listed in Tab 8 but missing from Tab 7 due to a printing error. The Court applied the principle that parties must anticipate possible findings and cannot rely on their own failure to identify obvious inconsistencies in the claimant's materials. In obiter, the Court accepted that following YTO Construction Pty Ltd v Innovative Civil Pty Ltd [2019] NSWCA 110, a determination affected by jurisdictional error may be severed rather than voided in its entirety, and that s 20(2B) of the SOP Act restricts a respondent's adjudication response to reasons already included in its payment schedule.
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