Full Court Minute Books

Case A17/2017

Maxcon Constructions Pty Ltd v. Vadasz & Ors

Case No.

A17/2017

Case Information

Lower Court Judgment

8/02/2017 Supreme Court of South Australia (Blue J, Lovell J & Hinton J)

[2017] SASCFC 2

Catchwords

Jurisdiction – Error of law on face of record – Building and Construction Industry Security of Payment Act 2009 (SA) – Where adjudicator made determination that amount be paid by appellant – Where appellant sought judicial review of determination – Where Full Court considered it was required by Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 to follow Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 379 (“Probuild”) – Whether Full Court erred in following Probuild and concluding that Act excluded judicial review on ground of error of law on face of record – Whether Full Court erred in holding that error of law in application of s 12 did not amount to jurisdictional error – Whether Full Court erred in holding that, if error enlivened Court’s jurisdiction to grant certiorari, appropriate order would be to partially set aside but partially preserve determination.

Short particulars

Documents

12/05/2017 Hearing (SLA, Canberra)

26/05/2017 Notice of appeal

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

07/07/2017 Written submissions (First Respondent)

21/07/2017 Reply

09/11/2017 Hearing (Full Court, Canberra) (Audio-visual recording)