The Court held that an adjudicator's power to release performance security under s 58 of the WA SOP Act is enlivened by the adjudicator's subjective satisfaction of the statutory preconditions, not by their objective existence, meaning an erroneous but bona fide determination on those matters does not constitute jurisdictional error. The Court further held that providing a cloud storage link (such as MimeCast or Dropbox) within an email does not constitute 'giving' documents 'by email' under s 113(3)(d), but that compliance with the one-business-day service timeframe in s 42(3) is not a jurisdictional precondition to a review adjudicator's power, so the review adjudicator's refusal of jurisdiction on that basis was itself jurisdictional error. Despite finding jurisdictional error, the Court declined mandamus on discretionary grounds because the underlying contract had ended and court proceedings on the substantive dispute were already on foot.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.