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Australia: the West Coast model
chapterposted on 05.02.2018, 00:00 authored by Samer SkaikSamer Skaik
"In the difficult case of K&J Burns Electrical Pty Limited v GRD Group (NT) Pty Limited one member of the majority held that it was authority for the proposition that an Adjudicator's decision was not reviewable merely because they had mad an error in determining whether a payment application had been prepared in accordance wit s.28(1) of the Construction Contracts (Security of Payments) Act 2004 and had been correctly decided. The dissenting judgment held that it had been wrongly decided, and the other member of the majority did not refer to the case directly but took the view that it was only where the Adjudicator had not made a decision of the kind contemplated under s.33(1)(b) that a purported decision would be a nullity."