Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJPROBUILD CONSTRUCTIONS (AUST) PTY LTD  APPELLANTANDSHADE SYSTEMS PTY LTD & ANOR  RESPONDENTSProbuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd[2018] HCA 414 February 2018S145/2017ORDERAppeal dismissed.On appeal from the Supreme Court of New South WalesRepresentationB W Walker SC with S Robertson and M R L Forgacs for the appellant (instructed by Maddocks Lawyers) M Christie SC with D P Hume for the first respondent (instructed by Moray & Agnew) Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSProbuild Constructions (Aust) Pty Ltd v Shade Systems Pty LtdAdministrative law – Judicial review – Availability of certiorari – Error of law on face of record – Non-jurisdictional error – Building and Construction Industry Security of Payment Act 1999 (NSW) – Where Act confers entitlement to "progress payment" on persons who undertake to carry out construction work under construction contracts and provides scheme for determining disputed claims – Where first respondent made claim for progress payment – Where claim referred to adjudicator for determination – Where adjudicator made error of law in reasons for determination – Where reasons form part of record – Whether Act ousts jurisdiction of Supreme Court of New South Wales to make order in nature of certiorari to quash determination for non‑jurisdictional error of law on face of record.Words and phrases – "clear legislative intention", "error of law on the...