Jotham Property Holdings Pty Ltd v Cooperative Builders Pty Ltd & Ors

Jotham Property Holdings Pty Ltd applied for judicial review of an adjudicator’s determination, challenging the validity of the adjudicator’s decision on the basis of jurisdictional error. The dispute arose out of a building contract for the construction of a multi-level car park in Melbourne. Cooperative Builders Pty Ltd and two other respondents were the defendants. The primary issue before the court was whether the adjudicator had jurisdiction to make a decision on a payment claim that was submitted multiple times. The applicants argued that the adjudicator’s decision was flawed as it was based on a claim that was not a “single” or “one-off” payment claim, as required by the Building and Construction Industry Security of Payment Act 2002 (Vic). The court found that the adjudicator had not erred in his decision and that the payment claim could be considered multiple times, as it was not necessary for the claim to be a “single” or “one-off” payment claim to be valid. The court further found that the claim was made in time, in accordance with s 18 of the Act. The application for judicial review was dismissed, and the decision of the adjudicator was upheld. The court held that the adjudicator had jurisdiction to make the determination and that there was no jurisdictional error in his decision. The court found that the payment claim could be considered multiple times, as it was not necessary for the claim to be a “single” or “one-off” payment claim to be valid. The court further found that the claim was made in time, in accordance with s 18 of the Act.