Wormall Pty Ltd v Marchese Investments Pty Ltd

Wormall Pty Ltd brought an application against Marchese Investments Pty Ltd in the Western Australian Civil and Administrative Tribunal (WCAT) under the Construction Contracts Act 2004 (WA). The applicant, Wormall, sought a determination regarding a building and construction dispute. Specifically, Wormall sought an order to suspend enforcement of a payment schedule issued by the respondent, Marchese, until the dispute could be resolved. The dispute arose from a building contract between the parties, where Wormall alleged that Marchese had failed to make payments as required by the contract, and Wormall sought a determination that it was entitled to additional payments.

The legal issues that WCAT was required to decide included whether Wormall had provided sufficient evidence to support its claim that it was entitled to additional payments, and whether the enforcement of the payment schedule should be suspended pending resolution of the dispute. WCAT considered the evidence provided by both parties and the provisions of the Construction Contracts Act 2004 (WA). In assessing the application, WCAT examined whether Wormall had established a prima facie case that it was entitled to additional payments and whether the balance of convenience favoured suspending enforcement of the payment schedule.

WCAT concluded that Wormall had not provided sufficient evidence to establish a prima facie case that it was entitled to additional payments. The tribunal found that the evidence provided by Wormall was not sufficient to demonstrate that the alleged additional work had been completed or that the payments claimed were justified. Additionally, WCAT determined that the balance of convenience did not favour suspending enforcement of the payment schedule. The tribunal considered the potential impact on Marchese if enforcement were suspended and concluded that it was not in the interests of justice to grant the application. Consequently, WCAT refused Wormall's application to suspend enforcement of the payment schedule.

No further orders were made by WCAT. The tribunal's decision was that the application to suspend enforcement of the payment schedule was refused, and no other orders were granted.