Complex Cases in Statutory Adjudication
In AWG Construction Services Ltd v Rockingham Motor Speedway Ltd (April 2004), Judge Toulmin observed that the Referring Party had considerable advantage in a complex adjudication insofar that it could choose when to start, having the time to prepare and then ‘imposing’ a tight timetable on the Responding Party and the adjudicator. Judge Toulmin said that where the issues were so complex and the advantages so weighted against a Responding Party, there could be a conflict between the right to refer to adjudication and to obtain a decision under s 108(2) (c) and (d), and that of the adjudicator’s duty to act impartially under s 108 (e). Judge Toulmin made it clear that this potential conflict was still a matter to be resolved, the parties having not argued the point.

© Michael Gerard Consulting Limited
July 2004