Cooper & Oxley Group Pty Ltd v Koitka

• 1. Building and Construction Law
  2. › Security of payment legislation
  3. › Adjudication of payment disputes
  4. › Judicial review of adjudicator's determination
  5. › Jurisdictional error
  6. › Failure to consider material matters raised by payment schedule
  7. › Whether adjudicator failed to consider claimed set-offs for backcharges and outstanding debts
  8. › Building and Construction Industry (Security of Payment) Act 2021 (WA), ss 25, 34, 38
• 1. Building and Construction Law
  2. › Security of payment legislation
  3. › Adjudication of payment disputes
  4. › Effect of contract termination on adjudicator's task
  5. › Whether termination clauses altered how set-offs and previous payments were to be taken into account
  6. › Building and Construction Industry (Security of Payment) Act 2021 (WA), ss 23, 38
• 1. Administrative Law
  2. › Jurisdictional error
  3. › Failure to take into account relevant considerations
  4. › Distinction between jurisdictional error and error of fact or law within jurisdiction
  5. › Whether failure to consider material matter raised by payment schedule constitutes jurisdictional error

Quick Take