Bezzina Developers P/L v Deemah Stone (Qld) P/L & Ors [2008] QCA 213

ARBITRATION – CONDUCT OF THE ARBITRATION PROCEEDINGS – POWERS, DUTIES AND DISCRETION OF THE ARBITRATOR – GENERALLY – where the first respondent contended that the second respondent (an adjudicator) had erred in law by failing to make a bona fide attempt to value the work in a progress claim submitted to him – where s 26 of the Building and Construction Industry Payments Act 2004 (Qld) required the second respondent to decide and not to inquire when making an adjudication decision – where subsections (c) and (d) of s 26(2) required the second respondent to consider the payment claim and submissions as well as any payment schedules and any submissions in support of it in adjudicating the dispute – where the second respondent’s reasons for the adjudication decision referred to the relevant background matters, parts of the payment schedule, the first respondent’s failure to lodge an adjudication response and the second respondent’s understanding of several paragraphs of the schedule – whether the second respondent failed to value the work in a manner required by the Act

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