James Trowse Constructions Pty Ltd v ASAP Plasterers Pty Ltd & Ors [2011] QSC 145

Contracts – Building, Engineering and related contracts, Remuneration – Statutory Regulation of entitlement to and recovery of progress payments - Progress Payments- where the applicant entered into a subcontract with the first respondent to carry out certain contractual works – where the first respondent served a payment claim on the applicant pursuant to the Building and Construction Industry Payments Act 2004 (Qld) – where the third respondent adjudicator made an adjudication decision in favour of the first respondent – where the applicant argued that the adjudicator failed to properly consider the construction contract and decided a variation claim on a basis which neither party had contended – whether the adjudicator’s decision was tainted by an absence of good faith and/or breach of natural justice – whether the adjudication should be set aside

Administrative Law – Judicial Review – Natural Justice – where the applicant sought declarations that the adjudication decision was void or liable to be set aside and orders that the decision be set aside or be permanently stayed – where the first respondent argued that if the adjudication decision was infected by jurisdictional error that part of the decision could be severed – whether the common law doctrine of severance applied

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