Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd & Ors [2012] QSC 373

Contracts - Building, Engineering and related contracts - Remuneration - Statutory Regulation of Entitlement to and recovery of progress payments - Adjudication of Payment claims - Generally - Where parties entered into contracts for building and constructions works – Where Warren Brothers Earthmoving made payment claims which were disputed by Thiess and Warren Brothers then amended the amount it had originally claimed – Where Adjudicator appointed pursuant to Building and Construction Industry Payments Act 2004 (Qld) to decide the amount of the progress payments under the progress claim and parties agree that the amount awarded by the Adjudicator is incorrect – Where Adjudicator states that he was fully aware of the parties’ submissions but admits he forgot to take them into account during his deliberations and making his decision – Whether there has been a jurisdictional error – Whether Adjudicator’s Decision should be declared void and set aside because Adjudicator failed to consider the submissions at the point of decision making on the basis that it was a jurisdictional error....

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