Maxcon Constructions Pty Ltd v Vadasz

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJMAXCON CONSTRUCTIONS PTY LTD  APPELLANTANDMICHAEL CHRISTOPHER VADASZ (TRADING AS AUSTRALASIAN PILING COMPANY) & ORS               RESPONDENTSMaxcon Constructions Pty Ltd v Vadasz[2018] HCA 514 February 2018A17/2017ORDERAppeal dismissed.On appeal from the Supreme Court of South AustraliaRepresentationR J Whitington QC with B J Doyle for the appellant (instructed by Diakou Faigen) M Christie SC with D P Hume for the first respondent (instructed by CCS Legal Pty Ltd) Submitting appearance for the second and third respondentsNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMaxcon Constructions Pty Ltd v VadaszAdministrative law – Judicial review – Building and Construction Industry Security of Payment Act 2009 (SA) – Where subcontract provided for sum to be paid to subcontractor after issue of certificate of occupancy – Where issue of certificate of occupancy required certification from builder that building work performed in accordance with head contract – Where adjudicator appointed to determine disputed payment claim – Where adjudicator determined provisions of subcontract ineffective because pay when paid provisions – Whether adjudicator's determination involved error of law – Whether adjudicator's determination should be quashed.Administrative law – Judicial review – Availability of certiorari – Error of law on face of record – Whether Building and Construction Industry Security of Payment Act 2009 (SA) ousts jurisdiction of Supreme Court of South Australia to make order in nature of certiorari to quash adjudicator's determination for non-jurisdictional error of law...