§ 27 — Enforcement of determinations by adjudicators

27.—(1) Any determination of an adjudicator under section 14 or 25(4) (called in this section the adjudication determination) may, with the permission of the court within whose jurisdiction the subject matter of the dispute that is the subject of a complaint of non‑compliance to which the determination relates would fall, be enforced in the same manner as a judgment or an order of the court to the same effect.(2) Where permission of the court is so granted, judgment may be entered in the terms of the adjudication determination.

(3) An application for permission to enforce an adjudication determination filed in court under this section must be accompanied by an affidavit by the applicant stating that the adjudication determination has not been complied with, or (as the case may be) stating the part of the adjudication determination that has not been complied with.

(4) A party to an adjudication may commence proceedings in the General Division of the High Court to set aside the adjudication determination or a judgment obtained pursuant to this section, but that party must pay into court as security the unpaid portion of the amount that that party is required to pay under the adjudication determination (if any), in any manner that the General Division of the High Court directs or as provided in the Rules of Court, pending the final determination of those proceedings.

(5) The grounds on which a party to an adjudication may commence proceedings under subsection (4) include, but are not limited to, the following:(a)

the application for adjudication was not made in accordance with the provisions of this Act;

(b)

the adjudicator failed to comply with the provisions of this Act in making the adjudication determination;

(c)

a breach of the rules of natural justice occurred in connection with the making of the adjudication determination;

(d)

the making of the adjudication determination was induced or affected by fraud or corruption.

(6) A party that was a respondent in the adjudication may not commence proceedings under subsection (4) on any ground that the party did not raise as a response to the dispute under the adjudication, unless —(a)

the circumstances to support that ground only arose after the party lodged the adjudication response with the authorised dispute resolution body; or

(b)

the party could not reasonably have known of those circumstances when lodging the adjudication response with the authorised dispute resolution body.

(7) Without affecting its powers under any other written law or rule of law, the General Division of the High Court may, in any proceedings under subsection (4) —(a)

set aside an adjudication determination in whole or in part;

(b)

remit the whole or any part of the adjudication determination to an adjudicator to be appointed by the authorised dispute resolution body;

(c)

correct in the adjudication determination any clerical mistake, error arising from an accidental slip or omission, or defect of form; and

(d)

award costs to any party to an adjudication.

(8) Where the court makes an order of remission under subsection (7)(b) —(a)

section 25 applies, with the necessary modifications, to the determination of the remitted issues by the adjudicator, as if the remitted issues were issues in an adjudication that commenced on a date specified by the court in the order; and

(b)

the adjudicator’s determination of the remitted issues has effect as if it were an adjudication determination.

—(1) Any determination of an adjudicator under section 14 or 25(4) (called in this section the adjudication determination) may, with the permission of the court within whose jurisdiction the subject matter of the dispute that is the subject of a complaint of non‑compliance to which the determination relates would fall, be enforced in the same manner as a judgment or an order of the court to the same effect.

(2) Where permission of the court is so granted, judgment may be entered in the terms of the adjudication determination.

(3) An application for permission to enforce an adjudication determination filed in court under this section must be accompanied by an affidavit by the applicant stating that the adjudication determination has not been complied with, or (as the case may be) stating the part of the adjudication determination that has not been complied with.

(4) A party to an adjudication may commence proceedings in the General Division of the High Court to set aside the adjudication determination or a judgment obtained pursuant to this section, but that party must pay into court as security the unpaid portion of the amount that that party is required to pay under the adjudication determination (if any), in any manner that the General Division of the High Court directs or as provided in the Rules of Court, pending the final determination of those proceedings.

(5) The grounds on which a party to an adjudication may commence proceedings under subsection (4) include, but are not limited to, the following:(a)

the application for adjudication was not made in accordance with the provisions of this Act;

(b)

the adjudicator failed to comply with the provisions of this Act in making the adjudication determination;

(c)

a breach of the rules of natural justice occurred in connection with the making of the adjudication determination;

(d)

the making of the adjudication determination was induced or affected by fraud or corruption.

(6) A party that was a respondent in the adjudication may not commence proceedings under subsection (4) on any ground that the party did not raise as a response to the dispute under the adjudication, unless —(a)

the circumstances to support that ground only arose after the party lodged the adjudication response with the authorised dispute resolution body; or

(b)

the party could not reasonably have known of those circumstances when lodging the adjudication response with the authorised dispute resolution body.

(7) Without affecting its powers under any other written law or rule of law, the General Division of the High Court may, in any proceedings under subsection (4) —(a)

set aside an adjudication determination in whole or in part;

(b)

remit the whole or any part of the adjudication determination to an adjudicator to be appointed by the authorised dispute resolution body;

(c)

correct in the adjudication determination any clerical mistake, error arising from an accidental slip or omission, or defect of form; and

(d)

award costs to any party to an adjudication.

(8) Where the court makes an order of remission under subsection (7)(b) —(a)

section 25 applies, with the necessary modifications, to the determination of the remitted issues by the adjudicator, as if the remitted issues were issues in an adjudication that commenced on a date specified by the court in the order; and

(b)

the adjudicator’s determination of the remitted issues has effect as if it were an adjudication determination.