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- Title
SAMSUNG C&T CORPORATION V DURO FELGUERA AUSTRALIA PTY LTD: HYBRID CLAIMS UNDER THE CONSTRUCTION CONTRACTS ACT 2004 (WA).
- Authors
FOY, SEAN
- Abstract
Samsung C&T Corporation v Duro Felguera Australia Pty Ltd1 was one of two matters considered jointly by the Court of Appeal (WA).² Both matters appealed against the outcome of judicial review proceedings brought following multiple adjudications given under the Construction Contracts Act 2004 (WA). 3 The issue for determination in Samsung v Duro Felguera was whether adjudicators performing functions under the CCA are acting within jurisdiction when determining 'hybrid' payment claims. The CCA defines the scope of a 'construction contract' by reference to the nature of any particular obligation in the contract. A hybrid claim is any payment claim which relates to contractual obligations which fall partly within and partly outside that definition. The majority determined that an adjudicator's jurisdiction is limited to payment claims relating to obligations specifically listed under the construction contract definition. Consequently, adjudicators must now determine the scope of their jurisdiction by careful application of the definition in the CCA to particular clauses in a contract. Given the time-sensitive nature of such determinations, this may prove a barrier to rapid adjudication of payment claims in similar circumstances.
- Subjects
SAMSUNG C &; T Corp.; DURO Felguera (Company); CONSTRUCTION contract lawsuits; ADMINISTRATIVE procedure; JURISDICTION
- Publication
University of Notre Dame Australia Law Review, 2018, Vol 20, p1
- ISSN
1441-9769
- Publication type
Article