Adjudication

Adjudication: Judgment refused where arguable case

In Phoenix International Group Pty Ltd v Resources Combined No. 2 Pty Ltd & Ors (No 2) [2009] VSC 459 (8 October 2009) The TEC List Judge (Vickery J) ultimately refused an Application for Judgment, based on an adjudication determination under the Building and Construction Industry Security of Payments Act (Vic) 2002 (pre-30 March 2007 amendments), where the respondent asserted that the determination was void on various grounds. His Honour concluded that there was an arguable case that the determination was void. His Honour also concluded that, consistent with previous instances where the court relied upon its inherent jurisdiction to dispose of an action by such means as may be proper, it was appropriate to apply, to Section 27 of the pre-amendment Act, the principles that would usually apply to applications for summary judgment.