Judicial review - Jurisdictional error - Adjudications under Construction Contracts Act 2004 (WA) - Where jurisdictional error existed - Certiorari granted
Construction Contracts Act 2004 (WA) s 31(2)(b) - Whether determination dealt with claims that were out of time - Where insufficient evidence to determine if claims out of time
Construction Contracts Act 2004 (WA) s 31(2)(b) - Whether adjudicator made determination on balance of probabilities - Where arithmetical and other errors in determination - Errors were within jurisdiction - Where slip rule would apply - Whether adjudicator determined dispute other than by reference to terms of contract
Construction Contracts Act 2004 (WA) s 32(2)(a) - Where adjudicator accepted submissions in rebuttal from applicant - No jurisdictional error - Adjudicator entitled to request rebuttal materials
Case Details
Citation[2016] WASC 88
CourtWASC
JurisdictionWestern Australia
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