Thursday, November 24, 2011

Security of Payment – jurisdictional error

The Supreme Court of Victoria has held that an adjudicator who wrongly found that the Director of Housing was 'in the business of building residences' fell into jurisdictional error, whereby the adjudicator failed to take into account the payment schedule and submissions thereon, such as to deny procedural fairness. [Case ref: Director of Housing of State of Victoria v Structx Pty Ltd (t/a Bizibuilders) & Anor [2011] VSC 410]

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