Minister for Commerce v Contrax Plumbing (NSW) Pty Ltd

The Minister for Commerce (the applicant) appealed to the Court of Appeal of New South Wales against a decision of the Supreme Court of New South Wales which had upheld an adjudicator's determination in favour of Contrax Plumbing (NSW) Pty Ltd (the respondent). The dispute concerned progress payments under the *Building and Construction Industry Security of Payment Act 1999* (NSW).

The primary legal issues before the Court of Appeal were whether an adjudicator's determination under the Act could be invalidated by alleged errors in the construction of the building contract and in the application of section 34 of the Act. Section 34 of the Act deals with the calculation of the amount of a progress payment.

The Court of Appeal held that errors in the construction of the contract or in the application of section 34 of the Act did not necessarily render an adjudicator's determination void. The Court reasoned that the Act conferred broad powers on adjudicators to determine the amount of a progress payment, and that the adjudicator was entitled to consider all relevant matters, including the interpretation of the contract and the application of statutory provisions. The Court affirmed that the adjudicator's task was to determine the amount payable, and that the adjudicator's approach to these matters, even if arguably erroneous, did not go beyond the jurisdiction conferred by the Act.

The appeal was dismissed with costs.