This was an application for judicial review of an adjudication decision under the adjudication legislation in Queensland. JJ McDonald & Sons Engineering Pty Ltd (JJ) had entered into a subcontract with CEPM Pty Ltd (CEPM) that required CEPM to supply and install temporary framework, fix and tie the reinforcing steel and place and finish concrete at a dam project in central Queensland. CEPM served a payment claim on JJ for $175,295.97 and JJ served a payment schedule advising that CEPM's payment claim had been assessed at $24,445.12. CEPM then applied for an adjudication and the adjudicator awarded CEPM $144,082.18.

The following two issues were to be decided:

1 Whether the adjudication decision sought to be reviewed was a decision of an administrative character made under an enactment.

2 Whether the adjudicator was wrong in the following two counts:

2.1 In deciding that a dayworks valuation schedule (that was not attached to the payment schedule although referred to in the schedule) could not be considered in the adjudication;

2.2 In finding that JJ had accepted CEPM's lump sum price for variations.