Roadtek, Department of Main Roads v Davenport & Ors

The case before the court involved Roadtek, Department of Main Roads, seeking judicial review of a decision made by an adjudicator under the Building and Construction Industry Payment Act 2004. The dispute centred on the supply of road material to Roadtek by Davenport, with the applicant claiming defects in the goods delivered. The second respondent disputed the existence of defects and the matter proceeded to adjudication. The contract between the parties included clauses regarding the fitness for purpose of the goods. The adjudicator concluded that property in the materials had not passed to the applicant and made no findings on compliance with the contract. Roadtek challenged the adjudicator's decision, arguing it was an improper exercise of power due to the failure to consider that the materials were not the property of the applicant.

The primary legal issue before the court was whether the adjudicator erred in finding that property in the materials had not passed to Roadtek. Roadtek contended that the adjudicator failed to consider that the materials were not its property, leading to an improper exercise of power. The court was required to determine whether the adjudicator's failure to address this matter constituted a jurisdictional error or an error of law warranting judicial review.

The court found that the adjudicator's decision did not contain any jurisdictional error. The court held that the adjudicator was not required to make findings on compliance with the contract as the dispute before the adjudicator related specifically to the passing of property in the materials. The court found that the adjudicator's failure to address compliance with the contract did not constitute an error of law or an improper exercise of power. Consequently, the application for judicial review was dismissed with costs awarded to the respondents.