Australia (Western Australia) Cases

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6th February 2009
O'Donnell Griffin Pty Ltd v John Holland Pty Ltd [2009] WASC 19

Administrative law - Prerogative writs - Writ of certiorari - Whether adjudication under the Construction Contracts Act 2004 (WA) sufficiently affects rights to be amenable to certiorari - Whether legislation reveals an intention to exclude prerogative relief - Construction of privative clause Building and construction - Payment dispute - Security of payment legislation - Determination by an adjudicator under Construction Contracts Act 2004 (WA) - Application for writ of certiorari to quash determination - Whether adjudication application made out of time - Whether adjudicator was obliged to dismiss the application without determining the merits - Whether jurisdictional error by the adjudicator

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28th November 2008
Wormall Pty Ltd v Marchese Investments Pty Ltd [2008] WADC 173

Building and construction - Determination made under Construction Contracts Act 2004 (WA) - Application to suspend enforcement Legislation: Civil Judgments Enforcement Act 2004 (WA),s 15 - Construction Contracts Act 2004 (WA),s 40

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19th September 2008
Wormall Pty Ltd v Marchese Investments PTY LTD [2008] WADC 140

Building and construction - Determination made under Construction Contract Act 2004 (WA) - Application for leave to enforce as a judgment of District Court - Turns on own facts Legislation: Construction Contract Act 2004 (WA) s 43

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21st July 2008
Merym Pty Ltd v Methodist Ladies College [2008] WASAT 164

Construction Contracts Act 2004 (WA) - Whether previously rejected claims amenable to adjudication by reason of superintendent's failure to certify in time - Whether decision to dismiss characterised as a decision made under s 31(2)(a) of Construction Contracts Act 200

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21st April 2008
Moroney & Anor and Murray River North Pty Ltd [2008] WASAT 111

Construction contracts - Grounds for dismissal without considering the merits - Jurisdiction - Must each of the grounds for dismissal be considered - When does a payment dispute arise - Implications if a construction contract is not in writing - Implied terms of a contract - What are the review functions of the Tribunal in matters arising from construction contracts - Can the Tribunal substitute a decision of the adjudicator with its own decision

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17th April 2008
O'Donnell Griffin Pty Ltd v John Holland Pty Ltd [2008] WASC 58

Building and construction - Payment dispute - Security of payment legislation - Determination by adjudicator under Construction Contracts Act 2004 (WA) - Application for leave to enforce as a judgment of the Supreme Court - Principles governing the exercise of discretion to grant leave Legislation: Construction Contracts Act 2004 (WA), s 43

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22nd February 2008
Silent Vector Pty Ltd t/as Sizer Builders v Squarcini [2008] WASAT 39

Application for review of decision by adjudicator dismissing application without determination on the merits - Whether application could not be fairly determined because of complexity - Whether application not made within prescribed time - Adequacy of reasons for decision Legislation: Construction Contracts Act 2004 (WA), s 6, s 25, s 26, s 30, s 31, s 32(2), s 34, s 36, s 37, s 46 - Interpretation Act 1984 (WA), s 18, s 19 - State Administrative Tribunal Act 2004 (WA), s 5, s 27, s 29, s 87

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19th February 2008
Moroney & Anor and Murray River North Pty Ltd [2008] WASAT 36

Construction contracts - Jurisdiction - Adjudicator has not made a determination if a matter falls within its jurisdiction or if he has made a determination the reasons for his decision are not clear - Inviting adjudicator to clarify the determination and provide reasons for same - Procedures an adjudicator may utilise to obtain sufficient information to make a determination - complexity of a matter Legislation:Construction Contracts Act 2004 (WA), s 7, s 30, s 31, s 32(1), s 32(2), s 46 - Industrial Relations Act 1979 (WA) - State Administrative Tribunal Act 2004 (WA), s 18(1), s 27, s 29

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19th June 2006
Diploma Construction Pty Ltd v Esslemont Nominees Pty Ltd [2006] WASAT 350

Construction Contracts Act 2004 (WA) - Whether decision permitting adjudication to proceed reviewable Legislation: Construction Contracts Act 2004 (WA), s 26, s 26(1), s 31(2), s 31(2)(a), s 31(2)(a)(i), s 31(2)(a)(ii), s 31(2)(a)(iii), s 31(2)(a)(iv), s 31(2)(b), s 31(3), s 31(4), s 32(3)(a), s 46, s 46(1), s 46(3)

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4th October 2005
Marine & Civil Bauer Joint Venture v Leighton Kumagai Joint Venture [2005] WASAT 269

Application for review of decision by adjudicator declining jurisdiction Whether a constructions contract as defined Whether if condition precedent to claim not fulfilled the claim is a payment claim as defined Legislation: Construction Contracts Act 2004 (WA), s 6, s 7, s 25, s 26, s 27, s 27(2), s 30, s 31(2), s 31(2)(a), s 31(2)(b), s 31(3), s 32(1), s 45, s 46, s 46(1), s 46(2), Sch 1 Div 5 s 7 - Interpretation Act 1984 (WA), s 18, s 19, s 19(1)(b)(I) - State Administrative Tribunal Act 2004 (WA), s 5, s 27, s 27(1), s 29(1), s 29(3), s 31, s 31(2)(b), s 37, s 47(2), s 61, s 61(1), s 61(4)(g), s 62, s 62(3), s 87

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