Brolton Group Pty Ltd v Hanson Construction Materials Pty Ltd

Brolton Group Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning an adjudication determination made under the *Building and Construction Industry Security of Payment Act 1999* (NSW). The dispute arose from a payment claim made by Brolton Group, which Hanson Construction Materials Pty Ltd had referred for adjudication. The core of the appeal concerned whether the adjudicator had made a jurisdictional error by referencing an unavailable reference date under the construction contract when determining Brolton Group's entitlement to payment.

The Court of Appeal was required to determine two primary legal issues. First, whether the adjudicator had committed a jurisdictional error by failing to consider the correct reference date stipulated by the construction contract, instead purporting to act by reference to an unavailable reference date. Second, the Court considered whether this alleged error, if established, also constituted a denial of natural justice to Brolton Group.

The Court of Appeal dismissed the appeal, finding that the adjudicator had not made a jurisdictional error. Their Honours reasoned that the adjudicator had correctly identified the relevant reference date under the contract and had not based their determination on an unavailable reference date as alleged by Brolton Group. Consequently, the Court concluded that there was no denial of natural justice.

Accordingly, the appeal was dismissed, and Brolton Group Pty Ltd was ordered to pay the respondents’ costs of the appeal.