Trysams P/L v Club Constructions (NSW) P/L [2008] NSWSC 399

BUILDING AND ENGINEERING CONTRACTS – Building and Construction Industry Security of Payment Act 1999 – adjudication determination – adjudicator’s consideration of a issue not raised by parties – parties denied opportunity to put submissions on issue – whether issue material to determination – whether denial of natural justice – adjudicator’s failure to consider relevant contractual provisions – power of Court to order adjudicator to reconsider adjudication application.

LEGISLATION CITED: - Building and Construction Industry Security of Payment Act 1999 - Building and Construction Industry Security of Payment Amendment Act 2002 -  Civil Procedure Act 2005 - Supreme Court Act 1970

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