Queensland Bulk Water Supply Authority v McDonald Keen Grp Pty Ltd & Anor [2009] QSC 165

Contracts – Building, Engineering and Related Contracts – Other Matters – Where construction contract to undertake rock excavation – Where the Second Respondent made an adjudication decision on a claim under the Building & Construction Industry Payments Act 2004 (Qld) (Payments Act) – Where the Applicant has applied for a declaration that the adjudicator’s decision is void on the basis that there was no evidence on which the adjudicator could determine the amount of the claim – Whether the adjudicator failed to comply with the statutory provisions of the Payments Act – Whether the adjudicator failed to accord natural justice in the decision making process –– Whether the adjudicator erred in taking into account a Facsimile in forming part of the decision about the contract.

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