Surfabear Pty Ltd v GJ Drainage & Concrete Construction Pty Ltd [2009] QSC 308

Building and Engineering Contracts – Adjudication – Contract – Where respondent undertook construction work – Where negotiation for work made with home owners – Where respondent demands payment for construction work – Where owners deny liability for payment – Where respondent serves payment claim on applicant builder – Where applicant denies existence of construction contract with respondent – Where matter referred to adjudicator under BCIPA – Where jurisdiction of adjudicator challenged by applicant – Where adjudicator’s decision in favour of respondent – Where applicant challenges adjudicator’s decision – Whether the adjudicator had jurisdiction to adjudicate – Whether questions should be determined at trial.

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