Cape Range Electrical Contractors Pty Ltd v Austral Construction Pty Ltd [2012] WASC 304

Administrative law - Privative clauses - Construction of s 46(3) Construction Contracts Act 2004 (WA) - Whether s 46(3) is a privative clause - Whether s 46(3) excludes an application for a declaration that an adjudicator's determination is invalid Administrative law - Jurisdictional facts - Different standards of review - Whether matters in s 31(2)(a) Construction Contracts Act 2004 (WA) are jurisdictional facts in the broad or narrow sense

 Building and construction - Construction Contracts Act 2004 (WA) - Whether adjudicator's determination is invalid because adjudicator erred in holding that adjudication application had been prepared and served in accordance with s 26 - Whether adjudicator's failure to consider alleged set offs was a jurisdictional error - Whether adjudicator's failure to consider alleged set offs was a denial of procedural fairness

Building and construction - Construction Contracts Act 2004 (WA) s 43(2) - Application for leave to enforce adjudicator's determination as a judgment - Principles to be applied - Whether existence of alleged set offs is a ground for refusing leave to enforce

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