- Home
- Nomination
- UK Cases
- Overseas Cases
- Panel
- Guidance
- Glossary
- Legislation
- England & Wales
- Wales
- Scotland
- Northern Ireland
- Australia (Australian Capital Territory)
- Australia (New South Wales)
- Australia (Northern Territory)
- Australia (Queensland)
- Australia (Southern Territory)
- Australia (Tasmania)
- Australia (Victoria)
- Australia (Western Australia)
- Eire
- Isle of Man
- Malaysia
- New Zealand
- Singapore
- Links
- Contact Us
Australia (Western Australia) Cases
Click on a case to view.
-
29th August 2012
Cape Range Electrical Contractors Pty Ltd v Austral Construction Pty Ltd [2012] WASC 304Administrative 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 80Construction 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 169Construction 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 166Construction 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 129Costs - 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 66Building 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 140Construction 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 129Prerogative 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 60Building 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 80Construction 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.