Brolton Group Pty Ltd v Hanson Construction Materials Pty Ltd

[2020] NSWCA 63

NSW Court of Appeal

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Interrogate

Catchwords

1. Building and Construction
2. › Security of payment legislation
3. › Adjudication determination
4. › Jurisdictional error
5. › Reference date under construction contract
6. › Whether adjudicator's determination on basis of unavailable reference date constituted jurisdictional error
7. › Whether determination could be supported by different available reference date not addressed by adjudicator
8. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8, 13, 22
1. Administrative Law
2. › Jurisdictional error
3. › Preconditions to exercise of statutory power
4. › Jurisdictional fact
5. › Whether existence of available reference date is precondition to valid adjudication determination
6. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8, 13, 22
1. Administrative Law
2. › Natural justice
3. › Denial of procedural fairness
4. › Adjudication under security of payment legislation
5. › Whether adjudicator determined dispute on basis for which neither party contended
6. › Whether denial of natural justice was material

Quick Take

Practitioners in building and construction disputes should note that an adjudicator's determination based on an unavailable reference date cannot be saved by the existence of a different available reference date, and that determining a claim on a basis not contended for by either party without giving an opportunity to be heard constitutes a denial of natural justice.