(Re Macarthur-Onslow) Wallaby Grip Ltd and Ors v Amaca Pty Ltd and Anor [2006] NSWDDT 31

(Re Macarthur-Onslow) Wallaby Grip Ltd and Ors v Amaca Pty Ltd and Anor [2006] NSWDDT 31

Although the judge had power to appoint himself as arbitrator, doing so would achieve little speed advantage over the existing referral to the trained Registrar and would create a real potential for embarrassment if an appeal lay from his determination to another judge of the Tribunal; therefore the orders sought to disturb the prior referral were declined. Because the Wallaby Grip companies had potential exposure to payment of part of the verdict, they were granted leave to appear at the arbitration under r 13(7).

Jurisdiction
Australia
Judgment Date
12 September 2006
Procedural Posture
Dust Diseases Tribunal Arbitration Insurance Dispute / Ruling on Notice of Motion Concerning Referral to Arbitration and Leave to Appear at Arbitration
Outcome
Application to revoke the prior arbitration referral and appoint the judge as arbitrator declined; prior orders confirmed; Wallaby Grip companies granted leave to appear at the arbitration.
Legal Topics
['insurance Dispute Arbitration' 'appointment of Arbitrator' 'leave to Appear at Arbitration' 'costs in the Cause']
['dust Diseases' 'insurance' 'arbitration' 'civil Procedure'] ['insurance Dispute Arbitration' 'appointment of Arbitrator' 'leave to Appear at Arbitration' 'costs in the Cause']

Case Brief

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Procedural Posture

Dust Diseases Tribunal Arbitration Insurance Dispute / Ruling on Notice of Motion Concerning Referral to Arbitration and Leave to Appear at Arbitration

Legal Issues

  1. 1 ['Whether orders previously made referring the insurance dispute to the registrar for arbitration should be revoked and the judge appointed as arbitrator instead.' 'Whether the Wallaby Grip companies should have leave to appear at the arbitration.' 'How costs of the application should be dealt with.']

Ratio Decidendi

Although the judge had power to appoint himself as arbitrator, doing so would achieve little speed advantage over the existing referral to the trained Registrar and would create a real potential for embarrassment if an appeal lay from his determination to another judge of the Tribunal; therefore the orders sought to disturb the prior referral were declined. Because the Wallaby Grip companies had potential exposure to payment of part of the verdict, they were granted leave to appear at the arbitration under r 13(7).

Court Disposition

Application to revoke the prior arbitration referral and appoint the judge as arbitrator declined; prior orders confirmed; Wallaby Grip companies granted leave to appear at the arbitration.

Orders

  • ['Leave granted to Wallaby Grip BAE Pty Ltd and Wallaby Grip Pty Ltd to file a notice of motion in court.' 'Orders sought to revoke the previous appointment and appoint the judge as arbitrator declined.' 'Previous orders referring the insurance dispute to the Registrar confirmed.' 'Leave granted to the Wallaby Grip...