Daily Construction: Wednesday, 8 July 2015 View in browser
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A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Construction

Executive Summary (One Minute Read)
Laing O'Rourke Australia Construction Pty Ltd v Samsung C & T Corporation (WASC) - construction contract - adjudicator misapprehended nature of function - determinations invalid and quashed
Summaries With Link (Five Minute Read)
Laing O'Rourke Australia Construction Pty Ltd v Samsung C & T Corporation [2015] WASC 237
Supreme Court of Western Australia
Mitchell  J
Construction contract - parties entered into a Subcontract - Samsung terminated subcontract for convenience - parties entered into an 'Interim Deed' which provided Samsung make payments to Laing O'Rourke - one payment made under Interim Deed - adjudicator appointed under Construction Contracts Act 2004 (WA) determined Samsung must pay Laing O'Rourke amount - Samsung sought to quash determinations for jurisdictional error -  held: adjudicator committed jurisdictional error by failing to resolve payment disputes by reference to terms of Subcontract before him - adjudicator misapprehended nature of his function - determinations not authorised by Act and invalid - leave to enforce the determinations refused.
Laing