The wrong question
56.I have already alluded to this aspect. Mr Lee submits that the adjudicator was asked to make a decision concerning the sums due to PTB in respect of the final account. He says that paragraph 2.12 of the Meeting Notes makes it clear that the subcontract final account is to follow the main contract final account. As a result, Mr Lee submits that the adjudicator, by answering the question, "What sum was due to PTB?" as a matter of interim accounting, failed to answer the question he was asked but answered a different question. It is therefore submitted that the adjudicator did not have jurisdiction to make the decision he purported to make. Mr Lee refers me to the decision in
- Introduction
- The adjudication
- These proceedings
- Can ROK contend that the decision is not binding?
- Shimizu Europe v. Automajor
- Codrington v. Codrington
- Banque des Marchands v. Kindersley
- Ex parte Roberston
- Evans v. Bartlam
- Lissenden v. CAV Bosch Limited
- Shimizu Europe v. Automajor
- Shimizu
- Contract in writing
- RJT Consulting Engineers v. DM Engineering
- Hart v. Fidler
- Work outside the contract
- Bothma v. Mayhaven
- Crystallised dispute
- Collins Construction Limited v. Baltic Quay Management (1994) Limited
- AMEC Civil Engineering Limited v. The Secretary of State for Transport
- Carillion v. Devonport
- Paragraph 7(2) of Part I of the Scheme
- The wrong question
- Nikko Hotels v. MEPC
- Bouygues v. Dahl-Jensen
- Summary
