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Tolfab v Tie [2005] NSWSC 326
BUILDING & CONSTRUCTION Whether the decision of an Adjudicator should be set aside for failure to take into consideration material in the Adjudication Response; failure to give proper and adequate reasons; failure to value the work; resulting in a breach of natural justice, or failure by the Adjudicator to bona fide exercise power.
HELD: Proceedings dismissed
Adjudicator did value the works, give appropriate reasons, did not fail to take into account part of submissions. There was no breach of natural justice. There is no question of there being no bona fide exercise of power.