A party who has the benefit of a determination under the Construction Contracts Act 2004 (WA) is prima facie entitled to enforce it under s 43; the party resisting leave must establish a sufficient reason for declining to grant leave having regard to the scheme and policy of the Act. A determination by an adjudicator under the CC Act is subject to the Supreme Court's supervisory jurisdiction for jurisdictional error. The question whether s 46 CC Act permits SAT review of a decision to refuse to dismiss an adjudication application (as distinct from a decision to dismiss) remains unresolved.
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