5 WULUMAY CLOSE ROZELLE

COSTS - application for indemnity certificate pursuant to s 6 of the Suitors' Fund Act 1951 - appeal from adjudicator's determination under Building and Construction Industry Security of Payment Act 1999 - whether determination by adjudicator a decision of a "court" - held not a "court" for the purpose of s 6 - bankruptcy of applicant would also affect grant of certificate

ADMINISTRATIVE LAW - judicial review - jurisdictional error - natural justice or procedural fairness - relief - declaration - application for review of validity of an adjudication application pursuant to the Building and Construction Industry Security of Payment Act 1999 ('the Act') - declaration sought that the adjudicator's determination was void - application to have the adjudicator's decision quashed - adjudicator failed to consider adjudication respondent's submissions referred to in the reasons of the payment schedule - adjudicator misconstrued the Act and failed to accord procedural fairness to the plaintiff.