O'Donnell Griffin Pty Ltd v John Holland Pty Ltd [2009] WASC 19

Administrative law - Prerogative writs - Writ of certiorari - Whether adjudication under the Construction Contracts Act 2004 (WA) sufficiently affects rights to be amenable to certiorari - Whether legislation reveals an intention to exclude prerogative relief - Construction of privative clause

Building and construction - Payment dispute - Security of payment legislation - Determination by an adjudicator under Construction Contracts Act 2004 (WA) - Application for writ of certiorari to quash determination - Whether adjudication application made out of time - Whether adjudicator was obliged to dismiss the application without determining the merits - Whether jurisdictional error by the adjudicator

Click here to read full-screen | Click here to print the case