ELSPAN INTERNATIONAL LTD v EUROCOPTER INTERNATIONAL PACIFIC LTD & ANOR [1999] NSWCA 418

ELSPAN INTERNATIONAL LTD v EUROCOPTER INTERNATIONAL PACIFIC LTD & ANOR [1999] NSWCA 418

While the claimant had arguable grounds of misconduct regarding delay and credit findings, even if established, these would not justify setting aside the award or remitting claims, as the findings were well supported by the evidence and no sufficient error or prejudice was shown. Thus, application for leave to appeal was dismissed.

Parties
Claimant: Elspan International Limited; First Opponent: Eurocopter International Pacific Limited; Second Opponent: Geoffrey A Markham
Jurisdiction
Australia
Judgment Date
01 December 1999
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Dismissed
Outcome
Application dismissed with costs.
Legal Topics
Leave to Appeal, Arbitration Misconduct, Delay in Making Award, Witness Credibility, Quantum Meruit, Commercial Arbitration
Arbitration Commercial Law Leave to Appeal Arbitration Misconduct Delay in Making Award Witness Credibility Quantum Meruit Commercial Arbitration

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Parties

Elspan International Limited

Claimant

Eurocopter International Pacific Limited

First Opponent

Geoffrey A Markham

Second Opponent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal Dismissed

Legal Issues

  1. 1 Whether there was misconduct by the arbitrator in delay and findings on witness credibility
  2. 2 Whether there was error in credit findings affecting the outcome on quantum meruit claims
  3. 3 Whether delay in delivering the award constituted sufficient misconduct to set aside or remit the award

Ratio Decidendi

While the claimant had arguable grounds of misconduct regarding delay and credit findings, even if established, these would not justify setting aside the award or remitting claims, as the findings were well supported by the evidence and no sufficient error or prejudice was shown. Thus, application for leave to appeal was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • Application for leave to appeal dismissed with costs.