Laing O'Rourke Australia Construction Pty Ltd v Samsung C&T Corporation

Laing O'Rourke Australia Construction Pty Ltd (LORAC) sought to enforce an adjudicator's determination against Samsung C&T Corporation (Samsung) in the Supreme Court of Western Australia. The dispute originated from the construction of a project in Western Australia, where LORAC claimed against Samsung for unpaid amounts due under a Subcontract. The case involved interpretation of the Construction Contracts Act 2004 (WA) and the principles guiding the grant of leave to enforce an adjudicator's determination as a judgment of the court.

The court was required to determine whether the adjudicator had jurisdiction to make the determination and whether there was a jurisdictional error in the determination. It was also necessary to consider the role of the court in exercising its discretion to grant or refuse leave to enforce the adjudicator's determination as a judgment of the court. The court had to examine the provisions of the Construction Contracts Act 2004 (WA), particularly s 6(a), and assess the extent of the adjudicator's jurisdiction under the Act.

The court held that the adjudicator had jurisdiction to make the determination and that there was no jurisdictional error in the determination. The court noted that clause 4.2 of the Interim Deed did not preclude LORAC from making an application for adjudication or applying for any other relief. The court also held that the adjudicator's determination did not infringe upon the jurisdiction of the court in any way. Accordingly, the court exercised its discretion to grant leave to enforce the adjudicator's determination as a judgment of the court.

The court ordered that Samsung pay LORAC the amount determined by the adjudicator, plus interest, within 28 days from the date of the judgment. The court also ordered that if Samsung failed to comply with the judgment, LORAC could enforce the judgment by garnishee order, attachment of earnings or other appropriate means.