Adicho v Dankeith Homes Pty Ltd

In *Adicho v Dankeith Homes Pty Ltd*, the applicant, Adicho, sought to enforce an adjudication decision made under the *Building and Construction Industry Security of Payment Act 2002* (Vic) (the Act) against the respondent, Dankeith Homes Pty Ltd. Adicho had been engaged by Dankeith Homes to perform building work, and following a dispute over payment, Adicho obtained an adjudication determination in their favour. Dankeith Homes subsequently sought to have this determination set aside.

The primary legal issue before the court was whether the adjudicator had exceeded their jurisdiction in making the determination. Specifically, the court had to consider whether the adjudicator had failed to consider a crucial defence raised by Dankeith Homes, which would render the adjudication determination void. This involved an examination of the requirements for a valid adjudication under the Act, particularly concerning the obligation of an adjudicator to consider all submissions made by the parties.

Judge Raphael found that the adjudicator had indeed failed to consider a significant defence raised by Dankeith Homes, which was central to the respondent's case. The court held that this failure amounted to a jurisdictional error, meaning the adjudicator had acted outside the scope of their powers conferred by the Act. Consequently, the adjudication determination was deemed void and unenforceable.

The court therefore dismissed Adicho's application to enforce the adjudication decision and set aside the determination.