Adjudication

Chase Oyster Bar v Hamo Industries [2010] NSWCA 190

In Chase Oyster Bar Pty Ltd v Hamo Industries Pty LTD [2010] NSWCA 190 (24 September 2010), the NSW Court of Appeal was considering the validity of an adjudicator’s determination of an application which did not comply with section 17(2)(a), (claimant's duty to notify intention to apply for adjudication within 20 days after due date for payment). This requirement had not been identified by Hodgson J as a "basic and essential requirement" in Brodyn. The Court of Appeal concluded that the failure to comply with Section 17(2)(a) resulted in a jurisdictional error, and was therefore invalid. (This seemingly extends the range of matters that, following Brodyn, would be sufficient for a determination to be invalid.)