RTA v John Holland [2006] NSWSC 567

BUILDING AND CONSTRUCTION INDUSTRY — Building and Construction Industry Security of Payment Act 1999 — Adjudication — Submissions made for first time in Adjudication Response rejected pursuant to s 22(2)(d) — Whether that failure to consider Adjudicator rendered decision void — Whether submissions as to jurisdiction of Adjudicator under the Act must be considered pursuant to s 22(2)(a) and (b) — Whether failure to consider submission vitiating error in sense explained in Brodyn Pty Ltd v Davenport [2004] NSWCA 394; (2004) 61 NSWLR 421.

BUILDING AND CONSTRUCTION INDUSTRY — Building and Construction Industry Security of Payment Act 1999 — Adjudication — Submission that Adjudicator had no jurisdiction under Act to hear payment claim for extension of time — Submission that Adjudicator not entitled to stand in shoes of superintendent under contract — Whether relief should be refused on discretionary grounds — Relevant considerations as to discretion.

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