FACTS
The case of Ceerose Pty Ltd v A-Civil Aust Pty Ltd [2023] NSWSC 239 involved the appeal of an
adjudication between a construction contractor and sub-contractor.
In late 2021, Ceerose Pty Ltd (Ceerose) entered two sub-contracts with A-Civil Aust Pty Ltd (A-Civil)
for construction works on a building site in the Sydney CBD and further site in Elizabeth Bay, a bay
neighbouring the Sydney CBD and local botanical gardens.
On 30 May 2022, the defendant served a payment claim seeking a payment of $3,556,466.80; A-Civil
provided a payment schedule in response which provided an assessment of $895,565.50. Ceerose
made an adjudication application on about 28 June 2022, and on 2 August 2022, a determination for
the amount of $2,045,453.97 was issued.
A-Civil appealed the adjudication in the supreme court, claiming jurisdictional error, however Ceerose
contended that the determination should stand in whole, or at least any part or parts not affected by
jurisdictional error.
ISSUE
Whether the adjudication should be void in it’s entirety?
FINDING
