Adjudications 2 v Challenges 0
Justice Dean Mildren rejected the second attempt to get around an adjudicator’s determination under the Construction Contracts (Security of Payments) Act. In his 19 page judgment in Independent Fire Sprinklers (NT) Pty Ltd v Sunbuild Pty Ltd [2008] NTSC 46, Justice Mildren held that, on the basis that the adjudication had been conducted honestly and fairly, the fact that an adjudicator may have concluded wrongly that the 90 day time limit in s.28 had complied with did not make the determination void or otherwise reviewable. The determination remained valid and binding. The aggrieved party’s remedy was to commence proceedings for the determination of the underlying claim on the merits. Tony Young appeared with Julian Sexton SC for the Plaintiff. Alistair Wyvill appeared for the Defendant.