Australia Construction Pty Ltd v Samsung C & T Corporation

[2015] WASC 237

Supreme Court of Western Australia

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Adjudicator's determination under construction contracts legislation
5. › Failure to determine payment dispute by reference to terms of construction contract
6. › Unreasonableness as jurisdictional error
7. › Whether adjudicator misapprehended nature of adjudicative function
8. › Construction Contracts Act 2004 (WA), s 31, s 32
1. Construction Law
2. › Construction contract adjudication
3. › Payment disputes
4. › Whether payment dispute can arise before payment is due under the construction contract
5. › Whether rejection or disputing of payment claim sufficient
6. › Construction Contracts Act 2004 (WA), s 6(a)
1. Construction Law
2. › Construction contract adjudication
3. › Enforcement of adjudicator's determination
4. › Leave to enforce determination as judgment
5. › Whether leave should be refused where payment already made
6. › Construction Contracts Act 2004 (WA), s 43
1. Contract
2. › Construction of contract
3. › Interim deed providing for payment on account
4. › Whether payment on account referable to termination payment liability under subcontract

Quick Take

A payment dispute under s 6(a) of the Construction Contracts Act 2004 (WA) arises when a payment claim is rejected or disputed, even if the time for payment under the construction contract has not yet arrived. An adjudicator who fails to determine a payment dispute by reference to the applicable contractual terms (here, the termination payment provisions) commits jurisdictional error warranting certiorari. Leave to enforce a determination may be refused where the payment required by the determination has already been made under a separate agreement referable to the same contractual liability.