Jason Mitchenson represented the successful applicant, instructed by Shannon Clark Tuhtan Lawyers.
The applicant sought to set aside an adjudication decision made under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) on the grounds that: (1) the adjudicator failed to determine the reference date or impliedly relied on an unavailable reference date; and (2) the payment claim was invalid because it claimed payment for work after the reference date.
Wilson J held that the adjudication decision was void for jurisdictional error.
The judgment can be read by clicking here
