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Lanskey V Noxequin: Adjudicator's Bona Fides.pdf

Lanskey-Constructions-v-Noxequin.pdf

Preview of Lanskey v Noxequin: Adjudicator's Bona Fides

🔗 Source: doylesconstructionlawyers.com

📊 Size: 193 KB

👤 Author: Rebecca Treacy

⬇️ Downloads: 37

Summary

- Case: Lanskey Constructions Pty Ltd v Noxequin Pty Ltd (in liq) [2005] NSWSC 963
- Facts: Builder (Lanskey) and subcontractor (Noxequin) had a payment dispute. Noxequin claimed $145,849.40, Lanskey counterclaimed $21,481.92. Adjudicator ruled in favor of Noxequin, but Lanskey appealed.
- Issues: Whether the Adjudicator acted bona fide and afforded natural justice.
- Finding: Court held that the Adjudicator did not bona fide exercise power as he overlooked Lanskey's submissions regarding deductions. The entire Adjudication Determination was void, not just the affected part.
- Impact: Adjudicators must carefully consider all relevant claims, including set-offs, and address them in their determination to uphold natural justice.

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Description

Lanskey Constructions Pty Ltd was engaged in the construction of Northgate Apartments in Wollongong. Noxequin Pty Ltd, a subcontractor, submitted a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) for final payment and release of retention monies.

Technical Information

File Format: PDF
File Size: 193 KB
Pages: 2
Language: EN
Author: Rebecca Treacy
Total Downloads: 37
Last Updated: 10 hours ago

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