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Australia (Western Australia) Cases
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29th October 2014
Digdeep Investments Pty Ltd v NW Constructions Pty Ltd [2014] WASAT 147Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss application - Whether application for adjudication was in time - Date when payment dispute arose - Contract included a time for payment clause - Section 18 of Construction Contracts Act 2004 (WA) 'Time for payment' does not apply to contract - Section 17 of Construction Contracts Act 2004 (WA) 'Responding to claims for payment' does apply to contract - Provisions in Sch 1, Div 5 apply with the exception of the 'time phrase' – No 'waiver' of contract term for payment within 14 days - Unilateral offer to extend payment term to 28 days.
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21st October 2014
R & D Building Pty Ltd v Jackson [2014] WASAT 141Construction Contract Act 2004 (WA) - Whether adjudication application made within time - Whether purported variation to contract in clear and unequivocal terms - Whether payment is security or retention money.
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13th October 2014
MRCN Pty Ltd t/a Westforce Construction and ABB Australia Pty Ltd [2014] WASAT 135Payment dispute - Date upon which payment dispute arose - Balance of probabilities - Ongoing commercial discussions about an invoice do not constitute a payment dispute - Payment dispute must be clear and unequivocal.
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13th October 2014
Alliance Contracting Pty Ltd and Tenix SDR Pty Ltd [2014] WASAT 136Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss - Whether s 4(3)(c) applies - Whether earthworks and associated works forming part of construction of a wastewater treatment plant are works constructing the plant - Whether wastewater treatment plant constructed for purpose of extracting or processing mineral bearing or other substance - Whether claim by principal for liquidated damages from contractor for failure to complete practical completion by due date is a payment claim - Whether dispute regarding principal having recourse to security provided by contractor is a payment dispute - Meaning of the words 'whether any party to the payment dispute is liable to make a payment, or to return any security' in s 31(2)(b).
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30th September 2014
Re Scott Johnson ex parte Decmil Australia Pty Ltd [2014] WASC 348Administrative law - Prerogative writs - Whether adjudication under Construction Contracts Act 2004 (WA) involved jurisdictional error - Jurisdictional facts - Turns on own facts - Building and construction - Security of payments legislation - Time at which payment dispute arose - Whether jurisdictional error by the adjudicator
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17th September 2014
Wqube Port of Dampier v Philip Loots of Kahlia Nominees Ltd [2014] WASC 331Prerogative relief - Judicial review - Adjudication under Construction Contracts Act 2004 (WA) - Nature of adjudicator's power - Inferior court or administrative tribunal - Bona fide attempt to exercise jurisdiction - Jurisdictional facts - Narrow or broad sense - Whether misapprehension or disregard of nature and limits of functions.
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21st August 2014
Field Deployment Solutions Pty Ltd v SC Projects Australia Pty Ltd [2014] WASAT 101Review of dismissal of adjudication application under Construction Contracts Act 2004 (WA) - Dismissed for being out of time - Whether review limited to ground upon which adjudicator relied - Whether contract concerned a 'construction contract' - Whether any 'payment dispute' - Contractual terms relating to invoicing and payment for services considered
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19th June 2014
Alliance Contracting Pty Ltd v James [2014] WASC 212Administrative law - Prerogative writs - Whether adjudication under Construction Contracts Act 2004 (WA) should be declared to be invalid in part Building and construction - Security of payment legislation - Scope of payment dispute - Whether counterclaim by contractor part of the payment dispute arising from payment claim by principal - Whether jurisdictional error by adjudicator
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17th June 2014
UGL Engineering Pty Ltd v Complete Power Solutions Pty Ltd [2014] WASC 211Corporations law - Application to set aside statutory demand - Turns on own facts.
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10th June 2014
Kellogg Brown & Root Pty Ltd v Doric Contractors Pty Ltd [2014] WASC 206Corporations Law - Statutory demand - Application to set aside demand pursuant to s 459H(1)(a) (genuine dispute) and s 459J(1)(b) (some other reason) - Abuse of process - Parallel judicial review proceedings. Building and construction - Construction Contracts Act 2004 (WA) - Attempt to enforce a determination using the statutory demand process - Failure to seek leave to enforce pursuant to Construction Contracts Act s 43(2).
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3rd June 2014
MRCN Pty Ltd t/a Westforce Constructions and ABB Australia Pty Ltd [2014] WASAT 59Construction contract - Meaning of 'hearing de novo' under Construction Contracts Act 2004 (WA) - Discretion to allow additional material upon review - Procedural fairness - Rules of natural justice - Reading down the general powers of review against the provisions of the enabling Act
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24th April 2014
Diploma Construction (WA) Pty Ltd v KPA Architects Pty Ltd [2014] WASCA 91Corporations law - Statutory demand - Application to set aside demand pursuant to s 459H(1)(a) ('genuine dispute'), s 459H(1)(b) ('offsetting claim'), s 459J(1)(a) ('defect in the demand') and s 459J(1)(b) ('some other reason') under the Corporations Act 2001 (Cth)
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26th February 2014
Red Ink Homes Pty Ltd v Court [2014] WASC 52Public law - Error of law - Certiorari - Jurisdictional errors - Adjudicator under Construction Contracts Act 2004 (WA) - Whether analogous to inferior court or administrative tribunal - Misconstrual of statute - Misconception of nature of function or extent of powers
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12th February 2014
Zurich Bay Holdings Pty Ltd v Brookfield Multiplex Engineering & Infrastucture Pty Ltd [2014] WASC 40An application for a Writ of Certiorari against Phillip Cornelius Loots, an adjudicator appointed under the Construction Contracts Act 2004 (WA)
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12th February 2014
Croker Construction (WA) Pty Ltd v Stonewest Pty Ltd [2014] WASAT 19Construction Contracts Act 2004 (WA) - Contractual provisions required to avoid implication of statutory implied terms - Determination of what constitutes payment claim
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12th February 2014
Zurich Bay Holdings Pty Ltd v Brookfield Multiplex Engineering & Infrastructure Pty Ltd [2014] WASC 39Administrative law - Construction Contracts Act 2004 (WA) - Application for adjudication - Writ of certiorari - Jurisdictional error
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26th November 2013
RNR Contracting Pty Ltd v Highway Constructions Pty Ltd [2013] WASC 423Application to register adjudication made under Construction Contracts Act 2004 (WA) - Arguably jurisdictional error made by adjudicator – Whether adjudication ought be registered
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15th November 2013
Enerflex Process Pty Ltd v Kempe Engineering Services (Australia) Pty Ltd [2013] WASC 406Corporations Act 2001 (Cth) - Application to set aside statutory demand - Demand based on judgment determined after adjudication under Construction Contracts Act 2004 (WA) - Whether 'genuine dispute' or off-setting claim
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13th November 2013
Diploma Construction (WA) Pty Ltd v KPA Architects Pty Ltd [2013] WASC 407Corporations Act 2001 (Cth) - Application to set aside statutory demand - Demand based on judgment determined after adjudication under Construction Contracts Act 2004 (WA) - Whether 'genuine dispute' or off-setting claim
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8th November 2013
Kullen Pty Ltd trustee for the Gismondi Family Trust ta Italsteel Structural Engineering WA v Rostruct Pty Ltd [2013] WADC 172Contract - Contract formation - Construction - Whether fixed sum or rates contract - Contractual terms - Interpretation of contract terms - Breach of contract - Alleged repudiation - Right to terminate - Damages - Overpayment
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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
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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 -...
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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
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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
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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
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5th July 2012
Re Graham Anstee-Brook; ex parte Karara Mining Ltd [2012] WASC 129Costs - Application for special costs order - Turns on own facts
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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
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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
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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
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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
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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.
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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)
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12th November 2010
Fuel Tank & Pipe Pty Ltd v Decmil Australia Pty Ltd [2010] WASAT 165Construction Contracts Act 2004 (WA) - Application for review of a decision by an adjudicator to dismiss - Grounds of decision to dismiss that application not served in time Legislation: Construction Contracts Act 2004 (WA), s 3, s 6, s 6(a), s 26, s 31(2)(a), - s 31(2)(a)(ii), s 31(2)(b)(ii), s 46(1)
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1st October 2010
MCC Mining (Western Australia) Pty Ltd v Thiess Pty Ltd [2010] WASAT 140Construction Contracts - Adjudication - Adjudicator declining to dismiss application for adjudication - Whether right of review available – Whether question of law should be referred to Supreme Court Legislation: Commercial Arbitration Act 1984 (NSW) - Commercial Arbitration Act 1985 (WA), s 33 - Construction Contracts (Security of Payments) Act 2009 (NT), s 48(3) - Construction Contracts Act 2004 (WA), s 26, s 31(2), s 31(2)(a), s 31(2)(a)(iv), s 31(3), s 32(2)(b), s 43, s 43(2), s 45, s 46
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29th September 2010
Perrinepod Pty Ltd v Georgiou Building Pty Ltd [2010] WASAT 136Construction Contracts Act 2004 (WA) - Whether right of review extends to decision rejecting submissions for the adjudication to be dismissed Legislation: Construction Contracts Act 2004 (WA), s 6, s 26, s 31, s 31(2)(a), s 31(2)(a)(iv), s 31(2)(b), s 46, s 46(1), s 46(2) - State Administrative Tribunal Act 2004 (WA), s 29(3)(c)(i), s 29(3)(c)(ii)
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26th July 2010
Ertech Pty Ltd v GFWA Contracting Pty Ltd [2010] WASC 181Building and construction - Payment dispute - Determinations by adjudicator under the Construction Contracts Act 2004 (WA) - Application for leave to enforce as a judgment of the Supreme Court Procedure - Judgments and order - Enforcement of judgments and orders Legislation: Civil Judgments Enforcement Act 2004 (WA) - Construction Contracts Act 2004 (WA), s 43
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17th February 2010
Longmont Consolidated Pty Ltd v Fleetwood Pty Ltd [2010] WASAT 23Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss - Grounds of dismissal that application not served in time - Whether provisions of Sch 1, Div 5 to be implied Legislation: Construction Contracts Act 2004 (WA), s 3, s 6, s 16, s 17, s 18, s 26, s 26(1), s 46(1), s 53, Sch 1 Div 5, Sch 1 Div 5 cl 7, Sch 1 Div 5 cl 7(3)
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23rd December 2009
Searle v Kelso [2009] WASAT 255Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss - Whether claim complied with implied statutory requirements - Whether contract required final claim to be made during period of notice prior to termination - Whether contract permitted only one 'final account' Legislation: Builders' Registration Act 1939 (WA), s 12A - Construction Contracts Act 2004 (WA), s 3. s 6. s 16. s 26. s 26(1). s 3 l(2). s 3 1 (2)(a), s 3 1 (2)(a)(ii), s 46(1), s 46(2), cl 5(2), cl 5(2)(f), cl 5(2)(h) Sch 1 Div 4 - State Administrative Tribunal Act 2004 (WA), s 27(1). s 27(2). s 27(3). s 29(1)
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20th July 2009
Wormall Pty Ltd v Marchese Investments Pty Ltd [2009] WADC 102Building and construction - Determination made under Construction Contracts Act 2004 (WA) - Enforcement of judgment - Means inquiry - Application for time for payment order Legislation: Civil Judgments Enforcement Act 2004 (WA) s 21, s 26, s 31, s 32, s 90 Corporations Act 2001 (C'th) s 95A, s 436A, s 459A, s 459E, s 588G, s 588H
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30th June 2009
Blackadder Scaffolding Services (Aust) Pty Ltd v Mirvac Homes (WA) Pty Ltd [2009] WASAT 133Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss - Grounds of dismissal that application not served in time - Whether provisions of Sch 1, Div 5 to be implied - Whether review encompasses other grounds for dismissal not considered by adjudicaton. Legislation: Construction Contracts (Security of Payments) Act (NT), s 20Construction Contracts Act 2004 (WA), s 3, s 6, s 6(a), s 13, s 15, s 16, s 17, s 18, s 26, s 31, s 31(2), s 32(2), s 46(1), Pt 2 Div 2, Sch 1 Div 5, cl 6, cl 7Interpretation Act 1984 (WA), s 18, s 19(1)
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30th June 2009
Match Projects Pty Ltd and Arccon (WA) Pty Ltd [2009] WASAT 134Construction Contracts Act 2004 (WA) - Whether right of review extends to decision rejecting submissions for the adjudication to be dismissed - Application of doctrine of precedent - Effect of obligation to prepare application and serve other party to the contract - Whether application for adjudication properly prepared and served Legislation: Building and Construction Industry Security of Payment Act 1999 (NSW) - Construction Contracts Act 2004 (WA), s 6, s 7, s 25, s 26, s 26(1), s 27, s 31, s 32, s 32(2)(a)(i) (v), s 36, s 37, s 40, s 41, s 44, s 45, s 46, s 46(1), s 46(2), s 46(3), s 53 - Construction Contracts Bill 2004 - Construction Contracts Regulations 2004 (WA), reg 4, reg 5 - Construction Contracts (Security of Payments) Act 2004 (NT), s 33(1)(a),...
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2nd April 2009
Match Projects Pty Ltd and Arccon (WA) Pty Ltd [2009] WASAT 56Construction Contracts Act 2004 (WA) - Application for extension of time - Legislation: Builders' Registration Act 1939 (WA) - Construction Contracts Act 2004 (WA), s 3, s 26, s 26(1), s 26(1)(b), s 29(3), s 30, s 31(2), s 31(2)(a), s 31(2)(a)(i), s 31(2)(b), s 31(3), s 32(2)(a), s 32(2)(b), s 32(3), s 33, s 36, s 41(1), s 42(2), s 46, s 46(1), s 46(2), s 49 - Corporations Act 2001 (Cth) - State Administrative Tribunal Act 2004 (WA), s 29(3)(c)(i), s 29(3)(c)(ii), s 42, s 91 - State Administrative Tribunal Rules 2004 (WA), r 10 - Town Planning and Development Act 1928 (WA)
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6th February 2009
O'Donnell Griffin Pty Ltd v John Holland Pty Ltd [2009] WASC 19Administrative 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 173Building 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 140Building 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 164Construction 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 111Construction 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 58Building 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 39Application 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 36Construction 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 350Construction 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 269Application 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