Brodyn Pty Ltd v Davenport

Brodyn Pty Ltd (the respondent) sought to enforce an adjudication certificate issued under the *Building and Construction Industry Security of Payment Act 1999* (NSW) against Davenport (the appellant). The dispute concerned progress payments under a building contract. The adjudication certificate had been registered as a judgment in the Supreme Court of New South Wales.

The primary legal issues before the Court of Appeal were whether the adjudicator's determination was void for jurisdictional error or a breach of natural justice, and whether the Supreme Court had erred in entering judgment on the adjudication certificate. The court also considered whether certiorari was available to quash the determination and whether other relief, such as a stay of execution, should have been granted.

The Court of Appeal held that the adjudicator's determination was not void. It found that the adjudicator had not committed a jurisdictional error by failing to consider the effect of the termination of the contract or the cessation of work, nor had there been a breach of natural justice. The court reasoned that the adjudicator had acted within their statutory powers and that any alleged errors of law did not vitiate the determination to the extent of rendering it void. The court also determined that the *Home Building Act 1989* (NSW) did not render the adjudication certificate void due to the absence of a licence, and that the Supreme Court had correctly entered judgment.

The appeal was dismissed with costs.