CBI Constructors Pty Ltd v Chevron Australia Pty LtdCitation:[2024] HCA 28Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:14 Aug 2024Case Number:P22/2023Read more
The Supreme Court had power to set aside the second interim award under s 34(2)(a)(iii) of the Commercial Arbitration Act 2012 (WA) because the tribunal was functus officio after the first interim award, and the standard of review is de novo.
- Parties
- Applicant: Appellants; Respondent: Respondent
- Jurisdiction
- Australia
- Judgment Date
- 14 August 2024
- Procedural Posture
- Arbitration Related Application / Judgment on Appeal From Court of Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Setting Aside Arbitral Award, Functus Officio, Res Judicata, Issue Estoppel, Anshun Estoppel, Jurisdiction of Arbitral Tribunal, Standard of Review
Case Brief
Summary, issues, holding and outcome
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Parties
Appellants
Applicant
Respondent
Respondent
Procedural Posture
Arbitration Related Application / Judgment on Appeal From Court of Appeal
Legal Issues
- 1 Whether the Supreme Court had power to set aside the second interim arbitral award under s 34(2)(a)(iii) of the Commercial Arbitration Act 2012 (WA)
- 2 Whether the arbitral tribunal was functus officio after the first interim award
- 3 Whether the standard of review by the Supreme Court is de novo
Ratio Decidendi
The Supreme Court had power to set aside the second interim award under s 34(2)(a)(iii) of the Commercial Arbitration Act 2012 (WA) because the tribunal was functus officio after the first interim award, and the standard of review is de novo.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
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