Case A17/2017

Maxcon Constructions Pty Ltd v. Vadasz & Ors

Case No.


Case Information

Lower Court Judgment

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

[2017] SASCFC 2


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


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)

14/02/2018 Judgment (Judgment summary)