STATE OF NEW SOUTH WALES v COYA (CONSTRUCTIONS) PTY LTD; COYA (CONSTRUCTIONS) PTY LTD v STATE OF NEW SOUTH WALES [1995] NSWCA 446

STATE OF NEW SOUTH WALES v COYA (CONSTRUCTIONS) PTY LTD; COYA (CONSTRUCTIONS) PTY LTD v STATE OF NEW SOUTH WALES [1995] NSWCA 446

None of the matters raised by the State of New South Wales or Coya (Constructions) Pty Ltd meet the strict statutory criteria for leave to appeal; the restrictions imposed by the Commercial Arbitration Act 1984 on appeals and the principle of judicial restraint preclude granting leave. No error of principle or relevant error of fact was shown by the applicants. Leave is refused.

Parties
Applicant/respondent: State of New South Wales; Respondent/applicant: Coya (Constructions) Pty Ltd
Jurisdiction
Australia
Judgment Date
04 August 1995
Procedural Posture
Commercial Arbitration Leave to Appeal Application / Application for Leave to Appeal to Court of Appeal, From Refusal by Single Judge
Outcome
Applications for leave to appeal dismissed with costs.
Legal Topics
Commercial Arbitration, Leave to Appeal, Bias and Misconduct, Contract Interpretation, Variation and Latent Conditions, Extensions of Time
Arbitration Civil Procedure Contracts Commercial Arbitration Leave to Appeal Bias and Misconduct Contract Interpretation Variation and Latent Conditions +1 more

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Parties

State of New South Wales

Applicant/respondent

Coya (Constructions) Pty Ltd

Respondent/applicant

Procedural Posture

Commercial Arbitration Leave to Appeal Application / Application for Leave to Appeal to Court of Appeal, From Refusal by Single Judge

Legal Issues

  1. 1 Proper approach to leave to appeal in commercial arbitration under Commercial Arbitration Act 1984 and Supreme Court Act 1970
  2. 2 Whether arbitrator's award contained manifest error of law
  3. 3 Whether arbitrator's findings on contract variations, latent conditions, delay, PAC lining, RD factor, and oral terms involved errors of law

Ratio Decidendi

None of the matters raised by the State of New South Wales or Coya (Constructions) Pty Ltd meet the strict statutory criteria for leave to appeal; the restrictions imposed by the Commercial Arbitration Act 1984 on appeals and the principle of judicial restraint preclude granting leave. No error of principle or relevant error of fact was shown by the applicants. Leave is refused.

Court Disposition

Applications for leave to appeal dismissed with costs.

Orders

  • Summons for leave to appeal by the State of New South Wales dismissed with costs.
  • Summons for leave to appeal by Coya (Constructions) Pty Ltd dismissed with costs.