Tomkins Commercial & Industrial Builders Pty Ltd v Starline Interiors Pty Ltd [2025] QSC 226
FACTS
Tomkins, the head contractor, engaged Starline under a subcontract for internal and external cladding works on a high-rise project. Starline submitted a payment claim under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) and later commenced adjudication. The adjudication application identified a reduced claim amount, yet the adjudicator awarded more than what was applied for, adopting a novel valuation method not argued by either party.
Tomkins challenged the decision, arguing that the adjudicator had failed to afford procedural fairness and had strayed beyond the issues submitted for determination.
ISSUE
Can an adjudicator lawfully adopt a valuation method not put forward by either party, without inviting further submissions?
FINDING…
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