Procorp Civil Pty Ltd v Napoli Excavations & Contracting Pty Ltd [2006] NSWSC 205

Building and Construction Industry - Challenge to Adjudication Determination - General principles examined-Significance of considering position of Adjudicator - Task of Adjudicator to determine the claimant’s entitlement within the framework of the dispute propounded by the parties - Significance of provision preventing a respondent from including in the adjudication response, any reasons for withholding payment unless those reasons have already been included in payment schedule - Whether evidence should be permitted on an application to set aside a determination -  Limited evidence permitted on the voire dire on the basis of a reserved ruling as to admissibility - Evidence disallowed - Adjudicator determining that amount of the progress payment to be paid by the respondent was in excess of the amount finally claimed by the claimant as remaining outstanding - Extant power of adjudicator to correct the determination - Judgment entered in District Court for adjudicated amount in breach of s.25(3) of Act in face of supporting affidavit indicating that part of adjudicated amount had been paid - Slip rule power of District Court - Jurisdiction of Supreme Court to restrain claimant from enforcing District Court Judgment save to extend of unpaid portion of adjudicated amount

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