Re Scott Johnson;

The applicant, Scott Johnson, sought a writ of certiorari to quash an adjudicator's decision under the Construction Contracts Act 2004 (WA). The dispute arose from a payment claim in a construction contract, where Johnson claimed that the adjudicator had made a jurisdictional error in determining the time at which a payment dispute arose. The application was heard in the Supreme Court of Western Australia.

The court was required to determine whether the adjudicator had made a jurisdictional error in deciding the timing of the payment dispute, and whether this error was such that it rendered the adjudicator's decision void. This involved examining the statutory framework under which the adjudicator operated, and whether the adjudicator had considered all jurisdictional facts necessary to make a valid decision. The court also needed to consider the extent to which the adjudicator's decision turned on its own facts.

The court held that the adjudicator had not made a jurisdictional error in determining the time at which the payment dispute arose. The court found that the adjudicator had considered all relevant jurisdictional facts and had made a decision that was not Wednesbury unreasonable. The court also held that the adjudicator's decision did not turn on its own facts, as it was based on the evidence and submissions provided by the parties. The court further held that the adjudicator had the necessary jurisdiction to make the decision, and that the decision was therefore valid.

The application for a writ of certiorari was dismissed, but leave was granted to enforce the adjudication. This means that the adjudicator's decision stands, and the respondent is required to make the payment claimed by the applicant. The applicant may still seek to challenge the merits of the adjudicator's decision in a separate proceeding.