High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ
MAXCON CONSTRUCTIONS PTY LTD APPELLANT
AND
MICHAEL CHRISTOPHER VADASZ (TRADING AS AUSTRALASIAN PILING COMPANY) & ORS RESPONDENTS
Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 14 February 2018 A17/2017
ORDER
Appeal dismissed.
On appeal from the Supreme Court of South Australia
Representation
R J Whitington QC with B J Doyle for the appellant (instructed by Diakou Faigen)
M Christie SC with D P Hume for the first respondent (instructed by CCS Legal Pty Ltd)
Submitting appearance for the second and third respondents
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Maxcon Constructions Pty Ltd v Vadasz
Administrative law – Judicial review – Building and Construction Industry Security of Payment Act 2009 (SA) – Where subcontract provided for sum to be paid to subcontractor after issue of certificate of occupancy – Where issue of certificate of occupancy required certification from builder that building work performed in accordance with head contract – Where adjudicator appointed to determine disputed payment claim – Where adjudicator determined provisions of subcontract ineffective because pay when paid provisions – Whether adjudicator's determination involved error of law – Whether adjudicator's determination should be quashed.
Administrative law – Judicial review – Availability of certiorari – Error of law on face of record – Whether Building and Construction Industry Security of Payment Act 2009 (SA) ousts jurisdiction of Supreme Court of South Australia to make order in nature of certiorari to quash adjudicator's determination for non-jurisdictional error of law on face of record.
Words and phrases – "contingent or dependent on the operation of", "error of law on the face of the record", "order in the nature of certiorari", "pay when paid provision", "retention provisions".
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