Where an adjudicator's decision under the Building and Construction Industry (Security of Payment) Act 2009 (ACT) is quashed on judicial review, the successful party is not entitled to restitution of amounts paid under a garnishee order issued pursuant to a judgment obtained by filing the adjudication certificate, so long as the underlying contractual dispute has not been finally determined and the judgment remains in force. The statutory scheme entitles the claimant to receive and retain such payments pending final resolution of contractual rights. The question of whether the privative clause in s 43(1) of the Act effectively excludes the Supreme Court's supervisory jurisdiction in the ACT remains open.
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