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Australia: the West Coast model

chapter
posted on 05.02.2018, 00:00 by Samer 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."

History

Editor

Burr A

Parent Title

International Contractual and Statutory Adjudication

Start Page

118

End Page

135

Number of Pages

18

ISBN-13

9781138239623

Publisher

Informa Law from Routledge

Place of Publication

Abingdon, England

Open Access

No

Era Eligible

Yes