Sierra Property Qld Pty Ltd v National Construction Management Pty Ltd (No 2)

In this case, Sierra Property Queensland Pty Ltd (the applicant) sought to enforce an adjudication decision against National Construction Management Pty Ltd (the first respondent). The adjudication decision had ordered the first respondent to pay the applicant for contract works and adjudicators' fees. The applicant was partially successful in enforcing the adjudication decision as the first respondent had only partially complied with the adjudication decision. The first respondent argued that the applicant should not be entitled to recover the adjudicators' fees because the adjudication decision was affected by jurisdictional error.

The court had to decide whether the applicant should be entitled to recover the adjudicators' fees from the first respondent, as the adjudication decision was affected by jurisdictional error. The court also had to determine the interest on the adjudicated amount and the costs of the proceeding.

The court held that the applicant was entitled to recover the adjudicated amount and interest from the first respondent. However, the court held that the applicant was not entitled to recover the adjudicators' fees as the adjudication decision was affected by jurisdictional error. The court held that the first respondent was only liable to pay the adjudicators' fees if the adjudication decision was not affected by jurisdictional error. The court further held that the applicant was entitled to recover the costs of the proceeding as it was partially successful in enforcing the adjudication decision. The court ordered the first respondent to pay the adjudicated amount, interest, and costs of the proceeding to the applicant. However, the first respondent was only liable to pay $8,937.50 in respect of the adjudicators' fees as the adjudication decision was affected by jurisdictional error.