VAROO PTY LTD v MULTIPLEX CONSTRUCTION PTY LTD [1991] NSWCA 274

VAROO PTY LTD v MULTIPLEX CONSTRUCTION PTY LTD [1991] NSWCA 274

Leave to appeal was declined because the issues raised regarding interpretation of the contract were not concrete but largely hypothetical; appellate review should await determination of specific claims by the Arbitrator.

Parties
Claimant: VAROO PTY LTD; Opponent: MULTIPLEX CONSTRUCTION PTY LTD
Jurisdiction
Australia
Judgment Date
22 February 1991
Procedural Posture
Appeal / Application for Leave to Appeal to the Court of Appeal
Outcome
summons for leave to appeal dismissed with costs
Legal Topics
Leave to Appeal, Variation Clause, Cost Plus Contract, Interim Award
Arbitration Building and Construction Leave to Appeal Variation Clause Cost Plus Contract Interim Award

Case Brief

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Parties

VAROO PTY LTD

Claimant

MULTIPLEX CONSTRUCTION PTY LTD

Opponent

Procedural Posture

Appeal / Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted from Cole J's order dismissing an appeal from the Arbitrator's interim award
  2. 2 Interpretation and application of the variation clause (CL29) in the cost plus contract

Ratio Decidendi

Leave to appeal was declined because the issues raised regarding interpretation of the contract were not concrete but largely hypothetical; appellate review should await determination of specific claims by the Arbitrator.

Court Disposition

summons for leave to appeal dismissed with costs

Orders

  • Summons for leave to appeal dismissed with costs.
  • Claimant must pay opponent's costs.