A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction
Wednesday, 18 February 2015
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Executive Summary (One Minute Read)
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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
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| Summaries With Link (Five Minute Read) |
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
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