Northbuild Construction P/L v Central Interior Linings P/L & Ors [2011] QCA 22

Administrative Law – Judicial Review – Private clauses – Particular cases – where appellant seeks declaratory and injunctive relief – where appellant does not seek relief under Judicial Review Act 1991 (Qld) – where issues of judicial review were argued by counsel – whether adjudication decisions made under the Building and Construction Industry Payments Act 2004 (Qld) (Payments Act) are subject to judicial review for jurisdictional error – whether the primary Judge erred in applying the grounds set out in Brodyn to determine whether the adjudication decision was valid - Contracts – Building, engineering and related contracts – Remuneration – Recovery – where appellant was head contractor under construction contract – where appellant entered into subcontract with first respondent – where first respondent brought a payment claim under the Payments Act – where appellant disputed the claim – where first respondent made an adjudication application to the second respondent pursuant to s 21 of the Payments Act – where adjudicator decided in favour of first respondent – where appellant sought declaration that adjudication was void or liable to be set aside and injunctions restraining the first and third respondents from enforcing the adjudication decision – where the primary judge dismissed the appellant’s application – whether there must be a bona fide attempt by the adjudicator to exercise the power under legislation – role of good faith – whether the adjudicator made a genuine attempt to exercise the power given to him under the Payments Act – whether the adjudicator disregarded the appellant’s material in making his decision – whether the adjudicator denied the appellant natural justice – whether the primary Judge erred in upholding the adjudicator’s decision

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