A 'payment dispute' under s 6(a) of the Construction Contracts Act 2004 (WA) arises when a payment claim has been made and, by the time the amount is due to be paid under the contract, it has not been paid in full, or has been rejected or disputed; the word 'due' does not require the amount to be presently 'due and payable' but rather that the claimant has earned the entitlement to lodge the claim. Payments made 'on account' under an interim deed can be appropriated against liabilities subsequently determined by an adjudicator through the operation of a running account, even where the deed states the payments do not constitute a 'discharge' of any claim. The court will refuse leave to enforce an adjudicator's determination under s 43(2) where the determined liability has been satisfied by such appropriation.
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