Damian Clothier QC and Matthew Hickey successfully appeared (instructed by Clayton Utz) to resist an application for review of an adjudication decision under the Building and Construction Industry Payments Act.
The applicant sought to have the decision set aside on two bases (to summarise them): first, that the adjudicator’s decision in respect of the disallowance of a set-off revealed deficient reasons and constituted a denial of natural justice; and secondly, that the adjudicator had failed to consider provisions of the relevant building contract.
The judgment can be read by clicking here
