Re Graham Anstee-Brook; [No 2]

The case of Re Graham Anstee-Brook; [No 2] was heard before the Supreme Court of Western Australia, where Graham Anstee-Brook sought judicial review of a decision by a statutory adjudication officer under the Construction Contracts Act 2004 (WA). The primary dispute arose from a construction contract where the adjudicator had ruled in favour of the contractor, and Anstee-Brook, the employer, contested the adjudicator's decision on grounds of alleged jurisdictional and legal errors as well as breaches of procedural fairness.

The court was tasked with determining whether the adjudicator's decision contained jurisdictional errors, errors of law, and whether the process adhered to principles of natural justice. Specifically, the court needed to assess whether the adjudicator correctly interpreted the law, exercised their powers within the scope of the statutory framework, and whether the process was fair and unbiased.

In delivering the judgment, the court examined the adjudicator's decision thoroughly, finding no evidence of jurisdictional error or error of law. The court held that the adjudicator had correctly applied the relevant provisions of the Construction Contracts Act and had exercised their powers in accordance with the law. Furthermore, the court found that the process followed by the adjudicator was fair and did not contravene the principles of natural justice. Consequently, the application for judicial review was dismissed, and the adjudicator's decision was upheld.

The court ordered that the applicant pay the respondent's costs of the application for judicial review, to be taxed on the higher scale if not agreed upon within 14 days.