The Supreme Court of Queensland considered the case of Paladin Projects Pty Ltd v Visie Three Pty Ltd & Ors [2024] QSC 230, where the applicant, Paladin Projects, sought a judicial review of an adjudicator's decision regarding a construction contract dispute. The central issue involved Paladin seeking claims for liquidated damages and variations related to delays in construction and adjustments in payments. Paladin argued jurisdictional errors in the adjudication, specifically concerning the methodology for liquidating damages and the treatment of delay claims. The court examined whether the adjudicator denied Paladin natural justice by making decisions or relying on grounds neither party had raised, particularly around the interpretation of contractual provisions and related statutes like the Building Industry Fairness Act. While the court acknowledged jurisdictional errors in certain adjudication decisions, these errors were found non-material in affecting the outcome. Consequently, the claim for variation related to statutory levies was severed, but the overall adjudication amounts and liabilities were largely maintained. The court directed the parties to agree on an order reflecting these findings or to submit competing drafts if agreement couldn’t be reached by a set deadline, with costs to be determined thereafter.
Full text: https://www.sclqld.org.au/caselaw/149374