Judge Thornton heard an application for summary judgment in respect of the enforcement of an adjudicator鈥檚 decision, and gave permission to defend. This cases deals with the hearing of that defence.

Mr Rhode as builder carried out work for Mr Markham-David in 1999. Work went well until the parties fell out. Around a year and a half later a Notice of Adjudication was served. Mr Markham-David had not been living at the property for some 13 months. He did not receive the notice. The adjudication progressed in the absence of the Mr Markham-David.

The key issue was whether the adjudication had started at all, such that there could be a valid and enforceable decision. The second issue was whether the adjudication was conducted fairly and without a breach of natural justice, as Mr Markham-David had not been involved in the process.

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