Catchwords:
ADMINISTRATIVE LAW – Judicial review – Adjudicator’s determination under Building and Construction Industry Security of Payment Act 2002 – Applicant failed to provide payment schedule in response to builder’s payment claim and barred from providing adjudication response – Whether adjudicator impermissibly drew adverse inference that applicant incapable of credibly challenging payment claim – Permissible to draw adverse inference from failure to provide payment schedule but not absence of adjudication response – Any inference drawn permissible – Whether adjudicator overlooked relevant evidence – Evidence not before adjudicator and irrelevant to review of determination – Whether adjudicator failed to conduct independent assessment of claim – Adjudicator’s reasons brief and reliant on builder’s trade summary – Brevity not indicative of failure to independently assess – Reliance on trade summary appropriate given contractual significance – Whether adjudicator impermissibly failed to consider contractually incorporated plans – Adjudicator required to consider provisions of contract but not incorporated documents – Building and Construction Industry Security of Payment Act 2002 ss 11, 14, 15(4), 18, 21(2A), 22, 23.
WORDS AND PHRASES – ‘provisions of the construction contract’, ‘from which the application arose’.
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