Transfield Services (Australia) Pty Limited v Nortask Pty Ltd and Anor [2012] QSC 306

Administrative Law – Judicial Review – Grounds of Review – Procedural Fairness – Generally – where the first respondent made a payment claim to the applicant – where a claim was made for Variation 17a relating to rock breaking – where an adjudicator’s decision was made pursuant to Building Construction Industry Payments Act 2004 (Qld) – where the applicant seeks a declaration that the adjudicator’s decision is void because the adjudicator breached the rules of procedural fairness in concluding that the first respondent had engaged another firm as a nominated subcontractor under the building contract when it was neither the applicant nor the respondent – where the first respondent conceded a breach of the rules of procedural fairness – where the first respondent argued it was not a material denial of procedural fairness as it could not have made any difference to the outcome – whether a declaration ought be made that the adjudicator’s decision is void.

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