When the $11m Horse Has Bolted

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FITZ JERSEY PTY LTD V ATLAS CONSTRUCTION GROUP PTY LTD [2017] NSWCA 53 FACTS Fitz Jersey Pty Ltd (“Fitz Jersey”) engaged Atlas Construction Pty Ltd (“Atlas”) to design and construct a development project in Sydney. When a dispute arose over final payment, Atlas sought recovery through adjudication. The adjudicator determined that the final payment claim […]

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Adjudicators Can be Wrong at Law

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SHADE SYSTEMS PTY LTD v PROBUILD CONSTRUCTIONS (AUST) PTY LTD (NO 2) [2016] NSWCA 379 FACTS The adjudicator had made a determination in favour of Shade Systems in the amount of $277,755.03, and in arriving at that amount had rejected Probuild’s claim for liquidated damages that would have otherwise offset the entire adjudicated amount. Probuild […]

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