Salini-Impregilo S.P.A. v Francis

Salini-Impregilo S.P.A. (Salini) sought judicial review of several adjudication determinations made by an adjudicator (Geodata) in a construction contract dispute. The case was heard in the Supreme Court of Western Australia. Salini challenged the validity of the adjudicator's determinations on various grounds, including the failure to comply with statutory requirements, bias, and unreasonableness.

The primary legal issues included whether the adjudicator's amendments to the Second Determination Record constituted a jurisdictional error, whether the adjudicator had the power to adjudicate two applications simultaneously, and if the adjudicator's conduct was unreasonable. Salini argued that the amendments to the Second Determination Record were made without proper authority and that the simultaneous adjudication of the first and second applications was improper. Geodata contended that the amendments did not affect the substantive determination and that there was no simultaneous adjudication.

The court found that the amendments to the Second Determination Record did not constitute jurisdictional error as they did not alter the substantive determination. The court held that the adjudicator had the power to adjudicate the applications simultaneously if the statutory preconditions were met. The court also found that the adjudicator's conduct did not display unreasonableness, bias, or other grounds for judicial review. Consequently, the court dismissed Salini's application for judicial review.

As a result of the court's decision, Salini's application for judicial review was dismissed with no orders for costs.