Event and Time
Event Description
- Plaintiff: Hanson Construction Materials Pty Ltd (Hanson).
- Defendants: Mr. Sullivan (Adjudicator) and Decmil Australia Pty Ltd (Decmil).
- Date of Adjudication Determination: 21 March 2024.
- Context: Judicial review related to a subcontract under which Hanson supplied concrete services for the construction of wind turbines.
- Claim Amount: $1,811,247.65, based on a Payment Claim dated 2 February 2024.
- Adjudicated Amount: $704,028 (to be paid by Decmil).
Application and Claims
- Adjudicator’s Findings:
- Concrete delivered had an incorrect cement to slag ratio. - Hanson liable for rectification costs of $1,087,910.24 for WTG B44 foundation. - These costs set off against the Payment Claim.
- Plaintiff's Requests:
- Quash the determination including rectification costs as they constitute an “excluded amount” under s 10B of the Security of Payment Act. - Allegation of substantial and material denial of natural justice.
Judicial Decisions
- The court determined that the Adjudicator included excluded amounts in the calculation. The relief sought by Hanson was granted, resulting in the quashing of the Adjudication Determination concerning those costs.
Dispute Points and Legal Basis
Dispute Points
- Hanson’s Claims:
- Adjudicator erred by considering excluded amounts (WTG B44 rectification costs). - Denial of natural justice in the Adjudication Determination as a judicial error.
- Decmil’s Claims:
- Remission of the adjudication determination would contradict the SOP Act’s intent of speedy resolutions. - The Adjudication Determination was valid regardless of timing. - Hanson should have utilized the review process under the SOP Act.