WA Court Of Appeal Sets The Record Straight On When An Adjudicator Will Commit Jurisdictional Error

The Court of Appeal of Western Australia has clarified the law around when an adjudicator's determination can be quashed for jurisdictional error and has confined the basis upon which determinations may be reviewed. An application for leave to enforce is not an opportunity to undertake a de facto review of the determination.

Background

The dispute arose out of a subcontract entered into on 21 February 2014 between Samsung C & T Corporation (Samsung) and Laing O'Rourke Australia Construction Pty Ltd (LORAC) (the Subcontract).

Under the Subcontract, LORAC was engaged by Samsung to undertake landside port construction work on the Roy Hill iron ore project in the Pilbara region of Western Australia.