FPM Constructions Pty. Limited v. Wollongong City Council [2004] NSWCA 418

FPM Constructions Pty. Limited v. Wollongong City Council [2004] NSWCA 418

There was insufficient doubt regarding the primary judge's exercise of discretion in ordering security for costs to justify granting leave to appeal. The contractual clause and legislation did not express or clearly imply arbitrator's power to order security for costs.

Jurisdiction
Australia
Judgment Date
11 November 2004
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['security for Costs' 'stay of Arbitration' "arbitrator's Powers"]
['arbitration'] ['security for Costs' 'stay of Arbitration' "arbitrator's Powers"]

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether security for costs should be ordered by the court or the arbitrator' 'Effect of contractual agreement on security for costs' 'Effect of an order staying arbitration if security not given, including on cross-claims']

Ratio Decidendi

There was insufficient doubt regarding the primary judge's exercise of discretion in ordering security for costs to justify granting leave to appeal. The contractual clause and legislation did not express or clearly imply arbitrator's power to order security for costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['Application for leave to appeal dismissed.' 'Costs ordered against applicant.']