CH2M Hill and UGL v ABB

Citation: [2016] NTSC 42

In CH2M Hill and UGL v ABB [2016] NTSC 42, the Supreme Court of the Northern Territory of Australia has made an order of certiorari quashing an adjudicator’s determination on the basis that his reasons showed that he had not meaningfully engaged with and thus had not made a bona fide attempt to deal with critical issues in the adjudication. Those failures also constituted a substantial failure to accord natural justice, and so the purported adjudication was void for that reason also.  The subsequent decision CH2M Hill Australia Pty Limited & Anor v ABB Australia Pty Ltd & Anor (No. 2) [2016] NTSC 43 was in relation to the successful application for costs of both the judicial review and the prior interlocutory order restraining enforcement pending the hearing of the judicial review application.

The successful plaintiffs were represented by Keating Chambers’ International Member Robert Fenwick Elliott, instructed by Pinsent Masons.

Counsel

Robert Fenwick Elliott

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