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Minister for Commerce v Contrax Plumbing [2004] NSWSC 823
BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 (NSW) - whether adjudication determination should be quashed - whether adjudicator erred in law in his construction of s 34 of the Act - whether adjudicator failed to determine defendant's entitlement in accordance with the terms of the contract - whether adjudicator erred in reaching his determination on a basis not advanced by defendant in its payment claim and therefore not considered by plaintiff in its payment schedule - whether adjudicator committed jurisdictional error by determining the adjudication application on basis of arguments advanced by defendant for first time in that application - whether adjudicator committed jurisdictional error by not considering the plaintiff's response to matters advanced by defendant for the first time in its adjudication application - whether relief should be withheld on discretionary grounds
ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Building and Construction Industry Security of Payment Amendment Act 2002 - Supreme Court Act 1970 (NSW)