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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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