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Australia (Western Australia) Cases
Click on a case to view.
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4th November 2013
The MICIC Nominees Trust t/a Capital Projects & Developments & Red Ink Homes Pty Ltd [2013] WASAT 117Construction Contracts Act 2004 (WA) - From when time runs, pursuant to implied term cl 7(3) Sch 1 Div 5 of Construction Contracts Act 2004 (WA) - Section 61(1)(b), (e) and (h) of the Interpretation Act 1984 (WA) – Specified day - Specified event - Common law rules on computation of time - Is the time for an event the whole day? - When does a payment dispute arise? - Is the day on which the payment dispute arises to be included or excluded when calculating 'within 28 days after the dispute arises' for s 26 of Construction Contracts Act 2004 (WA)? - Relevance of privity of contract as to whether application was prepared and served in accordance with s 26 of Construction Contracts Act 2004 (WA)
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19th July 2013
EC & M Pty Ltd v CTEC Pty Ltd [2013] WASAT 114Construction Contracts Act 2004 (WA) - Application for review of decision by an adjudicator to dismiss - Whether adjudication lodged out of time - Effect of notice from Principal disputing claim when contract provides for assessment by Superintendent - Whether contract has provisions on how to respond to claim - Whether statutory terms implied
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4th July 2013
KPA Architects Pty Ltd v Diploma Constructions (WA) Pty Ltd [2013] WADC 106Practice and procedure - Application for leave to enforce determination - Principles governing the grant of leave - Onus
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2nd May 2013
Re David Scott Ellis; Ex Parte Triple M Mechanical Services Pty Ltd [No.2] [2013] WASC 161Certiorari - Construction Contracts Act 2004 (WA) s 27(1) and s 41 - Adjudicator - Timing for response - Significance of late response – Alleged jurisdictional error - Effect of electronic communications - When received - Extent of review
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1st May 2013
Digdeep Investments Pty Ltd v NW Constructions Pty Ltd [2013] WASAT 60Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator - Whether document a notice of dispute
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1st March 2013
Re Graham Anstee-Brook; Ex Parte Karara Mining Ltd [No 2] [2013] WASC 59Prerogative writ - Certiorari - Order nisi - Construction Contracts Act 2004 (WA) - Application for adjudication - Judicial review - Jurisdictional error -Error of law - Procedural fairness
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28th February 2013
City Residence Pty Ltd v Catoi [2013] WASAT 29Construction Contracts Act 2004 (WA) application for review of decision by adjudicator to dismiss - Whether application for adjudication made within time - Meaning of 'days'
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27th February 2013
Triple M Mechanical Services Pty Ltd v Ellis [2013] WASC 67Prerogative writ - Certiorari - Ex parte application - Order nisi - Stay of the effect of determination
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5th December 2012
Synergon Constructions v Cusack Group Pty Ltd [2012] WASC 474Costs - Indemnity costs ordered - Turns on own facts
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22nd September 2012
All Roofs Pty Ltd and Southgate Corporation Pty Ltd [2012] WASAT 178Construction Contracts Act 2004 (WA) - Payment claim - Payment dispute - Claim arising under construction contract - Payment due under construction contract - Contract of variation - No variation or no oral variation term in original contract - Consideration and certainty for valid contract of variation - Alleged contract of variation not for extra work or work 'outside the contract' - No consideration for variation of contract - Claim in estoppel or unjust enrichment is not a claim under the construction contract