RICHARD SHORTEN & ANOR –V- DAVID HURST CONSTRUCTIONS PTY LTD
LIMITED & ANOR; DAVID HURST CONSTRUCTIONS –V- RICHARD WILLIAM
These proceedings involved a challenge to two adjudication determinations by the plaintiffs, Mr and Mrs Shorten, against the adjudicator, the second defendant, and the builder as the first defendant. The challenge of the adjudication applications may be based on an argument that a denial of natural justice occurred where a full complete copy of the adjudication application had not been served.
The contract between the builder and the plaintiffs related to the construction of a residential building of 10 apartment in Wagga Wagga, New South Wales.
The case revolved around whether the builder failed to prove that a full copy of the adjudication application (comprised of extensive submissions and supporting documents) was properly served, and whether that failure contributed to a denial of natural justice.