| HWE
Mining Pty Ltd v Robertson (WASCA) - prosecution of employer for death
of employee in motor vehicle collision at mine - appeal allowed
|
| Field
Deployment Solutions Pty Ltd v SC Projects Australia Pty Ltd (WASC)
- security of payments - error of law did not vitiate decision to dismiss
adjudication application
|
| Lend
Lease Building Contractors Pty Ltd t/as Sitzler Baulderstone Joint Venture v
Honeywell Ltd t/as Honeywell Building Solutions (NTSC)
- security of payments - adjudicator’s determination within jurisdiction -
claim dismissed
|
| Summaries With Link (Five Minute Read) |
HWE Mining Pty Ltd v
Robertson
[2015] WASCA 26
Court
of Appeal of Western Australia
Buss,
Murphy & Mazza JJA
Motor
vehicle collision - prosecution of employer arising from
death of employee at employer’s mine site - prosecution brought pursuant to ss9(1)
& 9A(2) Mines Safety and Inspection
Act 1994 (WA) - primary judge upheld grounds of appeal against magistrate’s
acquittal in favour of employer - primary judge remitted matter for retrial by
different magistrate - employer appealed - held: primary judge erred in finding
magistrate erred in fact in finding intersection not ‘hidden’ - magistrate did
not misapply or misdirect himself as to operation of s9(1) in respect of
allegation concerning failure to install advanced intersection signs or allegation
concerning failure to install signs on road - appeal allowed.
HWE
Mining Pty Ltd
|
Field
Deployment Solutions Pty Ltd v SC Projects Australia Pty Ltd [2015] WASC 60
Supreme Court of Western Australia
Mitchell J
Judicial review - construction contract -
security of payments - appellant and respondent were parties to contract for
appellant to supply, maintain and operate vehicles to haul material to
designated works locations - payment dispute arose - appellant sought to engage
provisions of Construction Contracts Act
2004 (WA) - appellant sought review of State Administrative Tribunal’s
decision that agreement was not a construction contract for purpose of Act and
that adjudication application was not prepared and served in accordance with
s26 - Tribunal affirmed adjudicator’s dismissal of adjudication application -
held: Tribunal erred in law in concluding agreement was not a construction
contract - however error was capable of affecting only one of the two
alternative grounds on which Tribunal’s decision was based - grounds of appeal
did not challenge other alternative ground - error of law did not vitiate
Tribunal’s decision - Tribunal’s decision affirmed.
Field Deployment Solutions Pty Ltd
|
Lend Lease Building
Contractors Pty Ltd t/as Sitzler Baulderstone Joint Venture v Honeywell Ltd
t/as Honeywell Building Solutions [2015] NTSC 10
Supreme Court of the Northern Territory
Kelly J
Security of payments - plaintiff and first defendant
entered subcontract - payment dispute arose - first defendant sought
adjudication under Construction Contracts
(Security of Payments) Act (NT) - plaintiff sought to quash adjudicator’s
determination - first defendant contended adjudicator made finding that
plaintiff was not liable to pay amount to first defendant, and that, having so
found, had no jurisdiction to determine amount should be paid - held: nothing
to indicate adjudicator misconstrued s33(1)(b) or went outside allocated role
in determining whether plaintiff owed money to first defendant - adjudicator’s
remarks did not constitute finding that plaintiff had no liability to pay
amount to first defendant - claim dismissed.
Lend Lease Building Contractors Pty Ltd
t/as Sitzler Baulderstone Joint Venture
|
