Abel Point Marina (Whitsundays) Pty Ltd v Uher and Anor [2006] QSC 295

JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – EXCLUSION OF PROCEDURAL FAIRNESS – PROCEDURES PROVIDED BY STATUTE – where the applicant sought review of a decision by an adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) – where the adjudicator did not provide the applicant with the opportunity to provide further information – where the adjudicator was bound to follow procedures set out in the Act – whether rules of natural justice were breached

JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – whether the adjudicator committed an error of law - JUDICIAL REVIEW – GROUNDS OF REVIEW – GENERALLY – whether there was sufficient evidence or other material to justify the adjudicator’s decision – whether the adjudicator made a decision in relation to a jurisdictional fact -  Administrative Decisions (Judicial Review) Act 1977 (Cth) s5 -  Building and Construction Industry Payments Act 2004 (Qld) s 7, s 8, s 17, s 18, s 21, s 22, s 24, s25, s 26, s30, s31, s60, s100 - Judicial Review Act 1991 (Qld) s 20(2)(a), s 20(2)(f), s 20(2)(h), s 24 -  Australian Retailer Association v Reserve Bank of Australia (2005) 148 FCR , cited - Brodyn Pty Ltd t/as Time Cost and Quality v Davenport [2003] NSWSC 1019, cited - Kioa v West [1985] HCA 81; (1985) 159 CLR 550, followed - Pioneer Shipping Ltd v BTP Tioxide Ltd (The Nema) [1982] AC 724, cited - Re Caf Grains [1994] Qd R 252, cited - Transgrid v Walter Construction Group [2004] NSWSC 21, cited - Western Television Ltd v Australian Broadcasting Tribunal (1986) 12 FCR 414, cited

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