Construction & Real Estate

Contact: David Rodighiero, Partner and Michael Elliott, Associate 

The recent decision of the Supreme Court of Western Australia in Laing O’Rourke Australia Construction Pty Ltd v Samsung C & T Corporation has provided some helpful insight on the willingness of the courts to quash determinations of adjudicators made under the Construction Contracts Act 2004 (WA) (Act). In most state jurisdictions, applicants applying to have an adjudicator’s determination quashed, will be tasked with the onerous exercise of establishing that:

• The decision was made as a result of jurisdictional error;
• There has been a denial of natural justice;
• The decision was given in bad faith;
• The decision was procured by fraud; or
• The decision was one which the adjudicator had no power to make.

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