Appeals of a primary judge’s decision setting aside an adjudicator’s decision purportedly made under the Building Industry Fairness (Security of Payment) Act 2017 (“the Act”), but beyond the time limit for the decision under the Act. The adjudicator held that Civil Contractors (Aust) Pty Ltd (“CCA”) should recover an adjudicated amount of AUD 1.4 million from Galaxy Developments Pty Ltd (“Galaxy”). The primary judge set aside the adjudicator’s decision on the basis that the decision was delivered after the time prescribed by ss 85(1) and s 86(2)(a) of the Act. The primary judge also found that upon the proper construction of the Queensland Building and Construction Commission Act 1991 and the Queensland Building and Construction Commission Regulation, CCA did not hold a building licence to carry out all of the work in question. An appeal was also brought by the adjudicator on the basis that the primary judge made a finding that he failed to act in good faith, without notice to him.
Rachel De Luchi appeared (with P Dunning QC) on behalf of the appellant in Appeal No 4543 of 2020 and the second respondent in Appeal No 4449 of 2020, instructed by HWL Ebsworth.
The judgment is published here.
Rachel highlights the implications for adjudicators and contractors in the summary article ‘Queensland Court of Appeal Confirms Late Adjudication Decisions are Void and Broadens Work not Subject to QBCC Licence – Implications for Adjudicators and Contractors‘.