Chase Oyster Bar v Hamo Industries [2010] NSWCA 190

Administrative Law – judicial review – grounds of review – Building and Construction Industry Security of Payment Act 1999 – whether an incorrect determination by an adjudicator that a s 17(2) notice was served within the prescribed time amounts to jurisdictional error – whether Brodyn Pty Ltd v Davenport correctly decided. -ADMINISTRATIVE LAW – prerogative writs and orders – certiorari – Building and Construction Industry Security of Payment Act 1999 – whether determinations by adjudicators amenable to orders in the nature of certiorari for jurisdictional error – whether adjudicators are exercising a statutory function – whether there is a superadded requirement that an adjudicator is subject to a “duty to act judicially” before being amenable to prerogative writs. - ADMINISTRATIVE LAW – judicial review – privative clauses – Building and Construction Industry Security of Payment Act 1999 – whether the Act limits the power of the Supreme Court to review an adjudicator’s determination – whether such a limitation is permissible in light of Kirk v Industrial Relations Commission. - BUILDING AND CONSTRUCTION – security of payment – procedure for recovering progress payments – adjudication of disputes – Building and Construction Industry Security of Payments Act 1999 s 17.

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