Built Environs Pty Ltd v Tali Engineering Pty Ltd

Built Environs Pty Ltd sought judicial review of an adjudicator’s determination in relation to a payment claim made by Tali Engineering Pty Ltd. The court was required to determine whether the adjudicator, Mr Allan, had jurisdiction to make the determination and whether the determination was void for procedural unfairness. The court held that Mr Allan did have jurisdiction to make the determination, as the payment claim complied with the statutory requirements, and that there was no jurisdictional error in his entertaining the claim. However, the court found that Mr Allan had denied natural justice by determining the claim without allowing Built Environs to adduce evidence or make submissions on the issues. Furthermore, the court found that there was a reasonable apprehension of bias on the part of the nominating authority, Nominator, as its general manager had been advising Tali Engineering in connection with the dispute. The court held that this reasonable apprehension of bias vitiated Mr Allan’s adjudication. Accordingly, the court granted Built Environs a declaration that Mr Allan’s determination is a nullity and an order setting it aside. The court will hear the parties as to the terms of the orders to be made.