ADJUDICATION DETERMINATIONS UNDER THE NSW SECURITY OF PAYMENT ACT: APPLICATIONS FOR URGENT RELIEF AND JUDICIAL REVIEW BY AGGRIEVED PARTIES —A RECENT POLICY SHIFT

摘要

This writer is of the view that the Supreme Court of New South Wales has now made it clear that applications for urgent relief and judicial review by aggrieved parties in respect of adjudication determinations will not necessarily be treated in the way practitioners in that State have come to expect. In cases where enforcement of the determination is by way of judgment debt (which would, in this writer's view, be the most viable means of enforcement), there appears to have been a policy shift to the effect that relief of this nature should be sought from the court that issued the judgment (which will not necessarily be the Supreme Court). This is against the background of the Court of Appeal recently confining and narrowing the grounds under which a determination may subject to judicial review.