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Australia (Western Australia) Cases
Click on a case to view.
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29th October 2014
Digdeep Investments Pty Ltd v NW Constructions Pty Ltd [2014] WASAT 147Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss application - Whether application for adjudication was in time - Date when payment dispute arose - Contract included a time for payment clause - Section 18 of Construction Contracts Act 2004 (WA) 'Time for payment' does not apply to contract - Section 17 of Construction Contracts Act 2004 (WA) 'Responding to claims for payment' does apply to contract - Provisions in Sch 1, Div 5 apply with the exception of the 'time phrase' – No 'waiver' of contract term for payment within 14 days - Unilateral offer to extend payment term to 28 days.
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21st October 2014
R & D Building Pty Ltd v Jackson [2014] WASAT 141Construction Contract Act 2004 (WA) - Whether adjudication application made within time - Whether purported variation to contract in clear and unequivocal terms - Whether payment is security or retention money.
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13th October 2014
MRCN Pty Ltd t/a Westforce Construction and ABB Australia Pty Ltd [2014] WASAT 135Payment dispute - Date upon which payment dispute arose - Balance of probabilities - Ongoing commercial discussions about an invoice do not constitute a payment dispute - Payment dispute must be clear and unequivocal.
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13th October 2014
Alliance Contracting Pty Ltd and Tenix SDR Pty Ltd [2014] WASAT 136Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss - Whether s 4(3)(c) applies - Whether earthworks and associated works forming part of construction of a wastewater treatment plant are works constructing the plant - Whether wastewater treatment plant constructed for purpose of extracting or processing mineral bearing or other substance - Whether claim by principal for liquidated damages from contractor for failure to complete practical completion by due date is a payment claim - Whether dispute regarding principal having recourse to security provided by contractor is a payment dispute - Meaning of the words 'whether any party to the payment dispute is liable to make a payment, or to return any security' in s 31(2)(b).
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30th September 2014
Re Scott Johnson ex parte Decmil Australia Pty Ltd [2014] WASC 348Administrative law - Prerogative writs - Whether adjudication under Construction Contracts Act 2004 (WA) involved jurisdictional error - Jurisdictional facts - Turns on own facts - Building and construction - Security of payments legislation - Time at which payment dispute arose - Whether jurisdictional error by the adjudicator
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17th September 2014
Wqube Port of Dampier v Philip Loots of Kahlia Nominees Ltd [2014] WASC 331Prerogative relief - Judicial review - Adjudication under Construction Contracts Act 2004 (WA) - Nature of adjudicator's power - Inferior court or administrative tribunal - Bona fide attempt to exercise jurisdiction - Jurisdictional facts - Narrow or broad sense - Whether misapprehension or disregard of nature and limits of functions.
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21st August 2014
Field Deployment Solutions Pty Ltd v SC Projects Australia Pty Ltd [2014] WASAT 101Review of dismissal of adjudication application under Construction Contracts Act 2004 (WA) - Dismissed for being out of time - Whether review limited to ground upon which adjudicator relied - Whether contract concerned a 'construction contract' - Whether any 'payment dispute' - Contractual terms relating to invoicing and payment for services considered
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19th June 2014
Alliance Contracting Pty Ltd v James [2014] WASC 212Administrative law - Prerogative writs - Whether adjudication under Construction Contracts Act 2004 (WA) should be declared to be invalid in part Building and construction - Security of payment legislation - Scope of payment dispute - Whether counterclaim by contractor part of the payment dispute arising from payment claim by principal - Whether jurisdictional error by adjudicator
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17th June 2014
UGL Engineering Pty Ltd v Complete Power Solutions Pty Ltd [2014] WASC 211Corporations law - Application to set aside statutory demand - Turns on own facts.
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10th June 2014
Kellogg Brown & Root Pty Ltd v Doric Contractors Pty Ltd [2014] WASC 206Corporations Law - Statutory demand - Application to set aside demand pursuant to s 459H(1)(a) (genuine dispute) and s 459J(1)(b) (some other reason) - Abuse of process - Parallel judicial review proceedings. Building and construction - Construction Contracts Act 2004 (WA) - Attempt to enforce a determination using the statutory demand process - Failure to seek leave to enforce pursuant to Construction Contracts Act s 43(2).