An adjudicator under the Construction Contracts Act 2004 (WA) does not commit jurisdictional error by having regard to the contract value of remaining work as a benchmark when assessing competing estimates of cost to complete. Where a company in liquidation seeks leave to enforce an adjudication determination and the respondent has an arguable counterclaim exceeding the adjudicated sum, s 553C of the Corporations Act 2001 (Cth) may operate to preclude enforcement, and the appropriate order is a stay of the enforcement application pending resolution of the counterclaim rather than dismissal.
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