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Syntech Resources Pty Ltd v Peter Campbell Earthmoving (Aust) Pty Ltd & Ors [2011] QSC 293
Contracts – Building, Engineering related Contracts - where the applicant seeks a declaration that the adjudication is void – where the applicant Syntech delivered its “adjudication response”, in accordance with s 24 of Building and Construction Industry Payments Act 2004 (Qld) – where a number of documents were attached to, and delivered with, Syntech’s adjudication response, including spreadsheets that had not been included in or supplied with the payment schedule – where the question is not whether the spreadsheets would or might have been admissible under the procedural and evidentiary rules applicable to Supreme Court litigation; the question is whether the adjudicator in this case failed to meet the statutory conditions which were essential for a valid decision to be made – where s 26(2)(d) required the adjudicator, in the circumstances, to consider the spreadsheets because they were part of submissions duly made – whether the adjudicator committed jurisdictional error
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