In Bright Days Herston Pty Ltd v ATG Project & Property Solutions Pty Ltd, the applicant, Bright Days Herston Pty Ltd, seeks an injunction to restrain the second respondent, an adjudicator named Christopher Morrow, from making a determination on a payment claim dispute under the Building Industry Fairness (Security of Payment) Act 2017 (Qld). Bright Days argued there was a reasonable apprehension of bias as the adjudicator was a named respondent in separate review proceedings involving a prior adjudication decision between the same parties. ATG Project & Property Solutions Pty Ltd, the first respondent, opposed the application. The Court determined that the "double might" test for apprehended bias was not satisfied, noting that the fair-minded lay observer would appreciate the adjudicator's statutory role and the protections afforded to him. Consequently, the Court dismissed the application but allowed for further submissions on costs.
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