Sudlows Ltd (claimant/appellant) v Global Switch Estates 1 Ltd (defendant/respondent)
Thursday 8 June 2023
By Appellant’s Notice filed on 10 January 2023, the Claimant appeals against the order made by Waksman J dated 21 December 2022 whereby he found that the adjudicator was wrong to find that he was bound by the decision of a previous adjudicator, in adjudication number 5, in finding that there were relevant events entitling C not only to an extension of time and loss and/or expense up to 18 January 2021 but up to 7 June 2021.
C submits that the core error was in finding that Mr Molloy was not only entitled but obliged to revisit the qn whether the relevant events which Mr Curtis had found to exist for the purposes of an extension of time for period up to 18/1/21 were also relevant events for purposes of the period until practical completion.
C submits that the decision will undermine statutory policy and encourage game-playing by inducing parties to seek to re-adjudicate matters which have already been decided.
View hearing: