Vis Constructions Pty Ltd & Anor v Cockburn & Anor [2006] QSC 416

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – EXISTENCE OF OBLIGATION – GENERALLY – application to review adjudication decision under Building and Construction Industry Payments Act 2004 – whether decision is regulated by the rules of natural justice - ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – applicants seek to have set aside adjudication decision pursuant to the Building and Construction Industry Payments Act 2004 – under the Act the adjudicator must have regard to the construction contract – adjudicator found that there was a construction contract between claimant and builder – builder under no obligation to perform work – whether a contract existed – whether adjudicator had jurisdiction to make decision - ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – EXCLUSION OF PROCEDURAL FAIRNESS – GENERALLY – application to review adjudication decision under Building and Construction Industry Payments Act 2004 – adjudicator made a finding as to existence of a contract – finding on a basis not suggested by applicant or respondent – applicant denied the opportunity to be heard – whether a fair hearing denied to the applicant

Click here to read full-screen | Click here to print the case