Chase Oyster Bar v Hamo Industries [2010] NSWSC 332

Building and Engineering Contracts – challenge to adjudicator’s determination – whether open for adjudicator to conclude contract was wholly in writing or relevant terms were written – where notice of intention to apply for adjudication of payment claim not given within time limit – whether jurisdictional error by adjudicator in concluding that notice was served within time limit – preliminary questions for determination – date of service on plaintiff of first defendant’s payment claim – date for payment of progress payment – date by which first defendant was required to give notice of intention to seek adjudication – date on which actual notice was given – whether it was open to adjudicator to conclude that first defendant’s notice had been served in accordance with statutory time requirements – Building and Construction Industry Security of Payment Act 1999 (NSW) ss 17(2)(a), 31 Interpretation Act 1987 (NSW) s 76.

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