If you receive an adjudication decision that may be subject to being set aside for jurisdictional error, do you have to pay?
Another recent QLD case Low v MCC Pty Ltd [2018] QSC 006, Jackson J considered, inter alia, an argument that the interlocutory injunction sought – which was to restrain the enforcement of adjudication decisions which were argued to be void for jurisdictional error – would defeat the policy of the Building and Construction Industry Payments Act 2004 that “payment is to be made promptly of an amount established by an adjudication decision”. His Honour acknowledged that this raised a point of principle. However, given the conflicting authorities on this point, his Honour was not apparently persuaded that the grant of an injunction would defeat the policy of the BCIPA.
Take home point – if you have received an adjudication decision that may be void for jurisdictional error you might be able to get an injunction restraining the successful claimant from enforcing the decision (at least until your application to have the adjudication decision declared void is heard by the Court).
