Oliver Cook (led by G J Handran KC) appeared for the applicant, instructed by McBride Legal.
This case concerned a written construction contract in relation to a mixed-use development in Western Australia. The Court considered whether the Superintendent was contractually prohibited from revisiting certain items which had previously been certified and paid and, if so, whether the impugned part of the relevant payment certificates could be severed without affecting the validity of the remaining portion of the certificates. The Court held that the Superintendent acted outside the terms of the contract in respect of its treatment of certain payment claims. The Court concluded that the impugned parts of the payment certificates could be severed and ordered that the first respondent pay the applicant the amount of the impermissible reductions.
The judgment can be read by clicking here
