19    Appointment of adjudicator

(1)  If an authorised nominating authority refers an adjudication application to an adjudicator, the adjudicator may accept the adjudication application by causing notice of the acceptance to be served on the claimant and the respondent.

(2)  On accepting an adjudication application, the adjudicator is taken to have been appointed to determine the application.

 

 


 

Kittu Randhawa -v- Monica Benavides Serrato [2009] NSWSC 170 (20 February 2009): Hammerschlag J 
KEY ISSUES: validity of adjudication claim that adjudicator’s determination invalid because receipt of notice of adjudicator’s acceptance alleged not to have been received establish that notice was posted and accepted that notice did not come to the attention of the plaintiff distinction between non-delivery and not coming to the attention of the recipient ; defendant has benefit of presumption of delivery which plaintiff did not rebut by showing non-receipt by recipient, as opposed to non-delivery ; adjudication valid

Parist Holdings Pty Ltd v WT Partnership Australia Pty Ltd [2003] NSWSC 365 (5 May 2003): Nicholas J
KEY ISSUES: whether adjudicator acted ultra vires in adjudication and determination – whether adjudicator’s determination a nullity – whether payment claim is foundation of jurisdiction of adjudicator

 

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