Martinus Rail Pty Ltd v Qube RE Services (No.2) Pty Ltd

• 1. Building and Construction
  2. › Security of payment legislation
  3. › Adjudication
  4. › Judicial review
  5. › Jurisdictional error
  6. › Scope of obligation to consider submissions duly made
  7. › Whether failure to refer to a matter reveals failure to consider it
  8. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 14, 22(2), 32A
• 1. Administrative Law
  2. › Judicial review
  3. › Jurisdictional error
  4. › Legal unreasonableness
  5. › Application to adjudicator's decision under security of payment legislation
  6. › Whether principles of judicial restraint apply more stringently
  7. › Building and Construction Industry Security of Payment Act 1999 (NSW), s 22(2)
• 1. Administrative Law
  2. › Judicial review
  3. › Procedural fairness
  4. › Whether substantial denial of procedural fairness required for jurisdictional error under security of payment legislation
  5. › Whether adjudicator denied procedural fairness by finding payment schedule incomprehensible
• 1. Building and Construction
  2. › Security of payment legislation
  3. › Payment schedules
  4. › Interpretation
  5. › Whether it is for the adjudicator to determine the content and scope of the payment claim and payment schedule
  6. › Whether adjudicator required to correct errors in payment schedule

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