Allpro Building Services Pty Ltd v Micos Architectural Division Pty Ltd

Allpro Building Services Pty Ltd, an applicant, sought to restrain Micos Architectural Division Pty Ltd, a respondent, from enforcing a determination made by an adjudicator under a building and engineering contract. The dispute arose out of a building contract, and the Federal Court of Australia was tasked with determining the validity of the adjudicator's determination and the enforceability of the associated payment terms. The primary legal issue before the court was whether the adjudicator's determination was validly made, considering concerns about bias and natural justice. The applicant argued that the adjudicator had an apprehension of bias and that the respondent had denied it natural justice. Furthermore, the applicant contested the extension of the time limit for the adjudication and the requirement to pay the adjudicator's fees.

The court addressed the apprehension of bias and natural justice claims by examining the circumstances surrounding the adjudicator's appointment and the process of adjudication. It concluded that there was no actual or implied agreement to extend the time limit for the adjudication, and as such, the adjudicator's determination was made beyond the agreed timeframe. The court found that the respondent's actions did not constitute a denial of natural justice and that there was no apprehension of bias. Consequently, the applicant's challenge to the enforceability of the adjudicator's determination failed.

In light of the court's findings, the applicant's application for an interlocutory injunction to restrain the enforcement of the adjudicator's determination was dismissed. The court held that the determination was valid and enforceable, and the applicant was required to pay the adjudicator's fees as per the terms of the contract. No further orders were made by the court.