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Abacus Fund Management v Davenport & 2 ORS - Doyles Arbitration Lawyers

Abacus Fund Management v Davenport & 2 ORS

ABACUS FUNDS MANAGEMENT LTD V DAVENPORT & 2 ORS [2003] NSWSC 935

Supreme Court of New South Wales – 20 October 2003

FACTS

Abacus Funds Management Ltd (‘Abacus’) engaged a contractor to carry out construction work on its premises. The contractor lodged a progress claim under the Building and Construction Industry Security of Payment Act 1999 (‘the Act’).

Abacus lodged a payment schedule in accordance with the Act and the matter proceeded to adjudication. Davenport was appointed to determine the adjudication.

The determination was delivered in favour of the contractor and Abacus sought an injunction restraining the contractor to enforce the determination by way of applying for an adjudication certificate under the Act. Abacus submitted that there was an arguable case that there was an error of law on the face of the record, giving rise to a decision quashing the adjudication determination.

ISSUES

Whether judicial review lies against an adjudicator.

Whether there was an arguable case of error of law.

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