Dickson Developments Precinct 1 Pty Ltd v Core Building Group Pty Ltd [2023] FCA 1473

Federal Court of Australia

Dickson Developments Precinct 1 Pty Ltd v Core Building Group Pty Ltd [2023] FCA 1473 File number(s): ACD 64 of 2023

Judgment of: JACKMAN J

Date of judgment: 27 November 2023

Catchwords: ADMINISTRATIVE LAW – application for judicial review of adjudication determination in relation to construction contract – whether there was a reference date for the payment claim, being a jurisdictional criterion for the making of the determination – whether the adjudicator's decision in relation to liquidated damages was so illogical or irrational as to constitute jurisdictional error – whether the determination was affected by jurisdictional error by reason of taking an irrelevant consideration into account, namely unsolicited submissions – whether there was jurisdictional error in the adjudicator's decision to release retention monies – application dismissed STATUTORY INTERPRETATION – construction of "properly made" in s 24(2)(e) of the Building and Construction Industry (Security of Payments) Act 2009 (ACT) (the Act) – construction of s 15(3)(b) of the Act – whether any distinction between the use of "is" in s 11 of the Act and "is to be" in cognate legislation

Legislation: Constitution ss 76, 77 Judiciary Act 1903 (Cth) s 39B Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 9 Building and Construction Industry Security of Payment Act 1999 (NSW) ss 8, 9, 13, 22 Building and Construction Industry (Security of Payments) Act 2009 (ACT) ss 6, 10, 11, 15, 19, 20, 22, 23, 24, 29, 43 Jurisdiction of Courts (Cross-Vesting) Act 1993 (ACT) s 4 Supreme Court Act 1933 (ACT) ss 20, 34B