STAVROPOULOS v KORDAS AND LUCAS PTY LTD [1989] NSWCA 196

The Court found insufficient prospect of the claimants succeeding on the legal points they sought to raise, even if s38(4) were interpreted as they contended, and declined to grant leave.

Parties: Claimant: Stavropoulos; Opponent: Kordas and Lucas Pty Ltd
Jurisdiction: Australia
Judgment Date: 24 October 1989
Procedural Posture: Application for Leave to Appeal / Court of Appeal Decision Denying Leave
Outcome: leave to appeal refused
Legal Topics: Commercial Arbitration, Leave to Appeal

Commercial Law Commercial Arbitration Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Stavropoulos

Claimant

Kordas and Lucas Pty Ltd

Opponent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision Denying Leave

Legal Issues

1 proper interpretation of s38(4) of the Commercial Arbitration Act
2 whether claimants should be granted leave to appeal against Arbitrator's award

Ratio Decidendi

The Court found insufficient prospect of the claimants succeeding on the legal points they sought to raise, even if s38(4) were interpreted as they contended, and declined to grant leave.

Court Disposition

leave to appeal refused

Orders

claimants' summons and associated notice of motion dismissed with costs