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Australia (Western Australia) Cases
Click on a case to view.
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15th March 2012
Hire Access Pty Ltd v Michael Ebbott t/a South Coast Scaffolding and Rigging [2012] WASC 108Appeal - Interim order - Application to stay decision of primary court – Decision of the State Administrative Tribunal setting aside decision of an arbitrator - Construction Contracts Act 2004(WA) - Whether open to order stay in the circumstances - Whether stay appropriate in any event Legislation: Construction Contracts Act 2004 (WA), pt 3, s 43, s 46 Rules of the Supreme Court 1971 (WA), O 65 r 1, O 65 r 4, O 65 r 13 State Administrative Tribunal Act 2004 (WA), s 105(9), s 106
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1st March 2012
State Side Electrical Services Pty Ltd v WA Commercial Constructions Pty Ltd [2012] WADC 27Practice and procedure - Application to enforce adjudication under Construction Contracts Act 2004 - Consideration of applicable principles Legislation: Construction Contracts Act 2004 Civil Judgments Enforcement Act 2004
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1st March 2012
Georgiou Building Pty Ltd v Perrinepod Pty Ltd [2012] WASC 72Winding up application - Insolvency - Adjudication under Construction Contracts Act 2004 (WA) - Whether winding up application is an abuse of process - Enforcement of adjudication - Whether creditor is a judgment creditor under s 457P Corporations Act 2001 (Cth) Legislation: Construction Contracts Act 2004 (WA), s 43 Corporations Act 2001 (WA), s 95A
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20th January 2012
Conneq Infrastructure Services (Australia) Pty Ltd and Sino Iron Pty Ltd [2012] WASAT 13Construction Contracts Act 2004 (WA) - Whether work connected with desalination plant construction work - Meaning of s 4(3)(c) of the Act – Whether work 'constructing any plant' - Whether desalination plant constructed for the purpose of extracting or processing a 'mineral bearing or other substance' - Whether adjudication application made within time
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18th January 2012
Witham v Raminea Pty Ltd [2012] WADC 1Building and construction - Payment dispute - Determinations by adjudicator under the Construction Contracts Act 2004 (WA) - Application for leave to enforce on a judgment of the District Court - Relevance of judicial review
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10th January 2012
South Coast Scaffolding and Rigging and Hire Access Pty Ltd [2012] WASAT 5Construction Contracts Act 2004 (WA) - Whether application for adjudication was made in time - When payment dispute arose - Whether contract included a time for payment clause - Whether payment claims were rejected
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13th October 2011
Perrinepod Pty Ltd v Georgiou Building Pty Ltd [2011] WASCA 217Administrative law - 'Jurisdictional facts' - Principles - Whether matters in s 31(2)(a) Construction Contracts Act 2004 (WA) are 'jurisdictional facts' Administrative law - Whether adjudicator's exercise of powers under s 31(2) Construction Contracts Act 2004 (WA) amenable to prerogative writs of prohibition and certiorari - Construction of privative clause Building and construction - Security of payment legislation - Application for review to State Administrative Tribunal pursuant to s 46(1) Construction Contracts Act 2004 (WA) - Construction of s 31 and s 46 - Whether review available where an adjudicator refuses to dismiss an application for adjudication under s 31(2)(a)
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5th August 2011
Georgiou Group Pty Ltd and MCC Mining (Western Australia) Pty Ltd [2011] WASAT 120Construction Contracts Act 2004 (WA) - Whether repetition of claims in subsequent progress claims are new claims - Whether the legislation or contract permits repetition of claims - Whether previous adjudications required dismissal under s 31(2)(a)(iii) Legislation: Construction Contracts Act 2004 (WA), s 3, s 4, s 4.3, s 6, s 9, s 10, s 11, s 25, s 25(b), s 26, s 26(1), s 26(2)(c), s 31(2)(a), s 31(2)(a)(i) - (iv), s 31(2)(b), s 38, s 41, s 45(1), s 45(3), s 46(1), s 46(3), s 53, Pt 2 Div 2; Construction Contracts (Security of Payments) Act 2004 (NT)
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14th July 2011
Re Graham Anstee-Brook; Ex Parte Mount Gibson Mining Ltd [2011] WASC 172Prerogative writ - Certiorari - Order nisi - Threshold for grant – Jurisdictional error - Reasons of adjudicator - Authority of Superintendent's Representative - Procedural fairness - Denial - Privative clause. Legislation:Construction Contracts Act 2004 (WA)
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29th March 2011
Thiess Pty Ltd v MCC Mining (Western Australia) Pty Ltd [2011] WASC 80Administrative law - Whether a determination by an adjudicator under the Construction Contracts Act 2004 (WA) is subject to the Supreme Court's supervisory jurisdiction - Grounds on which certiorari might be granted - Construction of a privative clause Building and construction - Security of payment - Application for leave to enforce determination made under Construction Contracts Act 2004 (WA) as a judgment - Whether adjudication application made within time or contained 'recycled' claims - Whether a respondent who is aggrieved by a decision by an adjudicator to refuse to dismiss an adjudication application can seek a review of the decision in the State Administrative Tribunal Legislation:Construction Contracts Act 2004 (WA);State Administrative Tribunal Act 2004 (WA)