Ukrainian Association of Western Australia in Perth (Inc) v Squire Constructions Pty Ltd

[2004] WASC 4

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Arbitration
2. › Commercial arbitration
3. › Judicial review of awards
4. › Leave to appeal on question of law
5. › Manifest error of law on face of award
6. › Whether error evident and obvious rather than merely arguable
7. › Commercial Arbitration Act 1985 (WA), s 38
1. Arbitration
2. › Commercial arbitration
3. › Judicial review of awards
4. › Leave to appeal on question of law
5. › Strong evidence of error of law
6. › Whether determination would add substantially to certainty of commercial law
7. › Commercial Arbitration Act 1985 (WA), s 38(5)(b)(ii)
1. Arbitration
2. › Commercial arbitration
3. › Judicial review of awards
4. › Incorporation of documents into award
5. › Whether reference to evidence in award incorporates that evidence into the award
1. Building and Construction
2. › Variations
3. › Construction of variation clause
4. › Whether written and signed variation a precondition to entitlement to payment
5. › Whether failure to comply with requirement to record variation in writing disentitles builder from payment

Quick Take

A contractual clause requiring variations to be in writing and signed by both parties operates as an obligation to co-operate in recording the variation, not as a precondition to the builder's entitlement to payment for variation work actually performed. A mere reference by an arbitrator to evidence in the reasons does not incorporate that evidence into the award for the purpose of identifying manifest error on the face of the award.