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High Court grants the applicant leave to enforce an adjudicator's decision, affirming the provisional binding nature of the adjudication under statute, on the grounds that there was no breach of fair procedures as the adjudicator's decision allowed for the respondent's claims of defective works to be addressed in related adjudications before the payment obligation arose; the referral to the adjudicator was timely and in accordance with statute; and the respondent failed to provide credible evidence of the referring party's inability to repay the award.
Construction Contracts Act 2013 - adjudication - payment dispute - enforcement - High Court - fair procedures - kompetenz-kompetenz (competence to determine competence) - Electronic Commerce Act 2000 - provisional binding decision - referral validity - defective works - set-off - financial inability to repay - summary enforcement - statutory scheme - "pay now, argue later" principle - Order 56B of the RSC - Legal Services Regulation Act 2015.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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