Jason Mitchenson (led by D S Piggott KC) represented the first respondent, instructed by Thomson Geer.
This case concerned an application sought by Bright Days (the Applicant), seeking a declaration that an adjudication decision of the second respondent is void due to jurisdictional error, and for this decision to be set aside. The Court considered whether the referral to the second adjudicator was valid, and whether the adjudicator failed to consider submissions made by the Applicant.
The Court held that the application be dismissed, with costs, finding that the adjudicator did not fail to consider the Applicant’s submission, and that the Adjudicator had jurisdiction to determine the application.
The judgment can be read by clicking here
