A review of an adjudication decision in relation to an adjudication application made by the first respondent under chapter 3 of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (the Act). The applicant had the contract for the design and construction of a bauxite processing facility. The applicant sought a declaration that the adjudication decision was void or liable to be set aside for jurisdictional error and an associated injunction. In the alternative, the applicant sought the exercise of the court’s power under s 101(4) of the Act to identify and find the parts of the adjudication decision affected by jurisdictional error and to allow the parts not affected by error to remain binding on the parties.
The judgment is available here.