Thiess Pty Ltd and John Holland Pty Ltd v Civil Works Australia Pty Ltd & Ors [2010] QSC 187

Administrative Law – Judicial review – Grounds of review – Procedural Fairness – Hearing – Nature of hearing – opportunity to present case – where decision made by adjudicator under the Building and Construction Industry Payments Act 2004 – where the first respondent wrote a letter to the adjudicator outside the relevant timeframe – where the applicant also wrote a letter contending that the adjudicator was precluded from considering the first respondents letter because it was provided outside the relevant timeframe – where the applicant claims that it should have been given an opportunity to respond to the letter – where the adjudicator expressly disregarded the first respondents letter – whether this constituted a failure on the part of adjudicator to afford the applicant natural justice - Administrative Law – Judicial review – Grounds of review – Relevant considerations – where decision made by adjudicator under the Building and Construction Industry Payments Act 2004 – where the applicant referred to a number of clauses in the contract in its adjudication response – where these clauses of the contract were not referred to in the payment schedule – whether the adjudicator should have considered these clauses and their effect in making his decision - Building and Construction Industry Payments Act 2004 (Qld), s 18, s 21, s 24, s 26 - John Holland Pty Ltd v Cardno MBK (NSW) Pty Ltd [2004] NSWSC 258, cited - The Minister for Commerce (formerly Public Works & Services) v Contrax Plumbing (NSW) Pty Ltd [2005] NSWCA 142, applied

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