Adjudicators: Beware of Natural Justice
Albert Monichino, 'Adjudicators: beware of natural justice' (2014) 26(4) Australian Construction Law Bulletin 118
4 Pages Posted: 4 May 2016
Date Written: September 29, 2014
This article considers the recent decision of the Supreme Court of the Northern Territory in Hall Contracting Pty Ltd v MacMahon Contractors Pty Ltd. This decision provides an example of the application of the rules of natural justice (procedural fairness) where an adjudicator makes a determination on grounds not raised by either party. Briefly stated, the plaintiff (Hall) brought an adjudication application against the defendant (MacMahon) which was dismissed by the adjudicator on a ground not raised by MacMahon in its adjudication response. Hall sought relief in the nature of certiorari to quash the adjudication determination. In the alternative, it sought a declaration that the adjudication determination was void and of no effect on the ground that it had been denied natural justice. Hall succeeded in quashing the adjudication determination.
Keywords: natural justice, procedural fairness, Hall, MacMahon, Northern Territory, Australia, quashing adjudications, writ of certiorari, declaration
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