Adjudication

Laing O'Rourke Australia Construction v H&M Engineering & Construction [2010] NSWSC 818

In Laing O'Rourke Australia Construction v H&M Engineering & Construction [2010] NSWSC 818 (28 July 2010), the Supreme Court of New South Wales affirmed the requirement for adjudicators to act in good faith and to provide natural justice by properly considering all of the material before them when making determinations under the Building and Construction Industry Security of Payment Act 1999 (NSW).  Emphasis was placed on the importance of parties to provide relevant and material documents such as statutory declarations or expert reports in support of their submissions, as these should be considered by adjudicators when making their determination. The Court also indicated that it is possible, and appropriate, to include additional documentary evidence in an adjudication response which expands on and supports the reasons set out in the payment schedule.