Lanskey v Noxequin

In the case of Lanskey v Noxequin, the dispute arose from a building and construction contract, specifically concerning a determination under the Building and Construction Industry Security of Payment Act 1999. The plaintiff, Lanskey, sought to enforce an adjudicator's determination, which had awarded a sum of money to the defendant, Noxequin. The plaintiff argued that the adjudicator failed to consider their submissions and determined part of the matter on a basis not presented by the parties for determination. Additionally, it was contended that the adjudicator did not engage in a bona fide exercise of power and did not accord the parties natural justice.

The court had to decide whether the adjudicator's determination was valid, considering the failure to consider submissions, the determination of a matter not presented by the parties, and the adjudicator's engagement in a bona fide exercise of power and adherence to natural justice principles. The court noted that the adjudicator's failure to consider the plaintiff's submissions meant the determination was not made on the full scope of the dispute as presented by the parties. Furthermore, the court found that the adjudicator determined part of the matter on a basis not presented by the parties, leading to a determination that was not in accordance with the contract. The court also concluded that the adjudicator did not engage in a bona fide exercise of power and did not accord natural justice, as the plaintiff was not given an opportunity to respond to the basis on which the determination was made.

The court declared the adjudicator's determination void due to the aforementioned reasons. The court found that the adjudicator did not properly exercise their power and failed to adhere to natural justice principles, leading to an invalid determination. The determination was set aside, and no payment was ordered to be made by the plaintiff to the defendant. The case underscores the importance of adjudicators thoroughly considering all submissions, determining matters on the basis presented by the parties, and engaging in a bona fide exercise of power while according natural justice.