Adjudication determination void – time for withdrawal

The New South Wales Court of Appeal has affirmed that a claimant wishing to make a new adjudication application after becoming entitled to withdraw a previous one must do so within the statutory period (five business days) after becoming entitled to withdraw, even where that entitlement arises through the adjudicator's failure being due to the adjudication being void (rather than the date a court may thereafter declare that determination to be void). [Case ref: Cardinal Project Services Pty Ltd v Hanave Pty Ltd [2011] NSWCA 399.]