Australia (Western Australia) Cases

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  • 29th August 2012
    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 -...
  • 23rd August 2012
    Classic Stone (Qld) Pty Ltd and Julie Mauretta Pitcher [2012] WASAT 80
    Construction Contracts Act 2004 (WA) - Whether decision amenable to review - Identification of parties to contract - Whether application for review should fail on basis that complexity in determining identity of parties and contractual terms makes it impossible to determine merits fairly
  • 16th August 2012
    Howard and Farrell [2012] WASAT 169
    Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss - Whether adjudication application made within time - When  payment  dispute  arose  -  Whether  a  demand  for  payment  of  unpaid balance of payment claim already made gave rise to separate payment dispute
  • 15th August 2012
    Tormaz Pty Ltd and High Rise Painting Contractors Pty Ltd [2012] WASAT 166
    Construction Contracts Act 2004 (WA) - Decision made under s 31(2)(a) of the Construction Contracts Act 2004 - A person who is 'aggrieved' as referred to in s 46(1) of the Construction Contracts Act 2004 - Decision to dismiss only part of application for adjudication - Aggrieved by decision not to dismiss whole of application for adjudication
  • 5th July 2012
    Re Graham Anstee-Brook; ex parte Karara Mining Ltd [2012] WASC 129
    Costs - Application for special costs order - Turns on own facts
  • 10th May 2012
    Michael Ebbott ta South Coast Scaffolding and Rigging Services v Hire Access [2012] WADC 66
    Building and construction - Payment dispute - Determination by adjudicator under the Construction Contracts Act 2004 (WA) - Application for leave to enforce as a judgment of the District Court - Parallel judicial review proceedings
  • 24th April 2012
    DPD Pty Ltd v McHenry [2012] WASC 140
    Construction contracts - Claim for payment - Whether dispute arises by non- payment - Claim for payment - What constitutes - Prerogative relief - Alternatives revive - Whether appropriate for relief to issue
  • 20th April 2012
    Re Graham Anstee-Brook; ex parte Karara Mining Ltd [2012] WASC 129
    Prerogative writ - Certiorari - Order nisi - Stay of determination - Turns on own facts
  • 27th March 2012
    State Side Electrical Services v WA Commercial Constructions [No 2] [2012] WADC 60
    Building and construction - Payment dispute - Determinations by adjudicator under the Construction Contracts Act 2004 (WA) - Application for leave to enforce as a judgement - Appeals - Stay pending judicial review
  • 27th March 2012
    Classic Stone v Julie Maurette Pitcher [2012] WASAT 80
    Construction Contracts Act 2004 (WA) - Whether decision amenable to review - Identification of parties to contract - Whether application for review should fail on basis that complexity in determining identity of parties and contractual terms makes it impossible to determine merits fairly.