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[2010] WASAT 136
defendant. The application for review of the decision of the adjudicator reflected in the determination made on 16 July 2010 is dismissed.
This case concerned whether a party could appeal to the State Administrative Tribunal when an adjudicator refused to dismiss a construction payment dispute. The applicant argued the dispute was too complex for adjudication and the adjudicator should have dismissed it. When the adjudicator refused and decided the case on its merits instead, the applicant sought to review that refusal. The Tribunal held it had no power to review such a refusal. The review power in section 46 only applies when an adjudicator actually dismisses a claim, not when they refuse to do so. The Tribunal followed its earlier decision in Match Projects and rejected arguments based on a Supreme Court case suggesting a broader interpretation.
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2 cited instruments linked from this judgment.
I certify that this and the preceding [31] paragraphs comprise the reasons for decision of the State Administrative Tribunal.
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Match Project Projects Ltd and Arccon (WA) Pty Ltd [2009] WASAT 134
O'Donnell Griffin Pty Ltd v John Holland Pty Ltd [2009] WASC 19
Silent Vector Pty Ltd T/As Sizer Builders and Squarcini [2008] WASAT 39
The application for review of the decision of the adjudicator reflected in the determination made on 16 July 2010 is dismissed.