26     Claimant may make new application in certain circumstances

(1)   This section applies if:

(a)    a claimant fails to receive an adjudicator's notice of acceptance of an adjudication application within 4 business days after the application is made, or

(b)   an adjudicator who accepts an adjudication application fails to determine the application within the time allowed by section 21 (3).

(2)   In either of those circumstances, the claimant:

(a)    may withdraw the application, by notice in writing served on the adjudicator or authorised nominating authority to whom the application was made, and

(b)   may make a new adjudication application under section 17.

(3)   Despite section 17 (3) (c), (d) and (e), a new adjudication application may be made at any time within 5 business days after the claimant becomes entitled to withdraw the previous adjudication application under subsection (2).

(4)   This Division applies to a new application referred to in this section in the same way as it applies to an application under section 17.

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

MPM Constructions v Trepcha Constructions [2004] NSWSC 103 (18 February 2004) : McDougall J
KEY ISSUES: whether adjudication determination made out of time invalid

EMERGENCY SERVICES SUPERANNUATION BOARD v ROBERT SUNDERCOMBE & ANOR [2004] NSWSC 405 (9 September 2004) : Bergin J
KEY ISSUES: whether jurisdictional error by adjudicator justifying the quashing of the adjudicator’s determination – whether circumstances in which a determination is quashed is a circumstance that fits within s26(1)(b) of the Act allowing the withdrawal of the adjudication application – whether events which occurred after quashing of first determination precluded the further adjudication application