WMC Resources: A persuasive interpretation based on what courts are asked to do

Adrian Baron

September 2001

A paper based on the highly commended entry in the Millennium Hudson Prize Competition.

The author looks at this decision of the Supreme Court of Western Australia, criticised as 'unpersuasive'. He considers the cases where the courts have been troubled by whether or not a decision made or certificate issued by a person nominated under the contract for that purpose is reviewable (whether by an arbitrator or court), beginning with Crouch in the UK. He argues that Crouch was wrongly decided and whether or not a certifier's decisions or certificates are reviewable can only be determined by looking at the agreement.

Introduction - What do courts do (and why do they do it)? - The rise and fall in England of the 'Crouch principle' - The role of the courts in WMC esources - Crouch, Beaufort Developments and WMC: Is there a coherent approach? - Conclusion.

The author:. Adrian Baron BA, LLB (Hons), LLM is a senior associate with Deacons, lawyers, Brisbane.

Text 17 pages.

PDF file size: 76k