John Holland Pty Ltd v Roads & Traffic Authority of New South Wales

John Holland Pty Ltd (the applicant) sought to enforce an adjudication determination made under the *Building and Construction Security of Payment Act 1999* (NSW) against the Roads & Traffic Authority of New South Wales (the respondent). The respondent sought to resist enforcement, arguing that the adjudication determination was invalid.

The central legal issue before the Court of Appeal was whether the adjudicator's determination was invalid due to a failure to comply with section 22 of the *Building and Construction Security of Payment Act 1999* (NSW). This involved considering whether the respondent's submissions were "duly made" and whether the adjudicator was obliged to consider them, and further, whether the adjudicator's conduct amounted to a lack of good faith or a denial of natural justice.

The Court of Appeal found that the respondent's submissions had been duly made and that the adjudicator was required to consider them. The failure to do so constituted a denial of natural justice and rendered the adjudication determination invalid. Consequently, the appeal was allowed, the orders of the court below were set aside, and the respondent's summons was dismissed with costs. The respondent was also ordered to pay the applicant's costs of the appeal.