Queensland Bulk Water Supply Authority t/a Seqwater v McDonald Keen Group P/L (in liq) & Anor [2010] QCA 7

Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of progress payments – where adjudication of claim for recovery of a progress payment – where adjudicator allowed recovery – where judgment obtained by filing adjudicator’s certificate – where legislation prohibited challenge to adjudicator’s decision – whether application for declaration that adjudicator’s decision void and for order setting aside judgment amounted to impermissible collateral attack on judgment. - Arbitration – Conduct of the Arbitration Proceedings – Powers, Duties and Discretion of Arbitrator – Generally – where legislation specified matters an adjudicator must take into account in making a determination – where adjudicator required to make a bona fide attempt to exercise powers under legislation – whether test for good faith broad or narrow -Contracts – Building, Engineering and related Contracts – Remuneration – Statutory regulation of Entitlement to and recovery of Progress Payments – where trial judge upheld the result of the adjudication – whether trial judge correct in finding that the adjudicator acted in good faith and accorded the respondent natural justice in determining the application.

Click here to read full-screen | Click here to print the case