John Holland Pty Ltd v Walz Marine Services Pty Ltd -&- Ors [2011] QSC 39 Queensland Supreme Court 11 March 2011.
FACTS:
John Holland, the main contractor on a new wharf and coal loading facility in North Queensland subcontracted Walz Marine Services to build the extension of the wharf which already extended 1km out to sea. The Contract contained provisions for delays caused by weather. Walz submitted a Payment Claim which included delay costs and the matter went to adjudication. The adjudicator allowed the amount claimed in the Payment Claim. John Holland applied to have the determination set aside arguing the certain contractual requirements had not been met and the adjudicator made an error by not properly valuing the claim.
ISSUES:
Whether the adjudicator erred in valuing the claim, by not considering contractual requirements not raised by John Holland in the Payment Schedule nor considering those contractual requirements himself.
Whether if an error existed was it a jurisdictional error or an error in the interpretation of the contract.
FINDING:
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