Seymour v Divome Properties P/L [2002] NSWSC 68

Seymour v Divome Properties P/L [2002] NSWSC 68

The arbitration clause in the contract of sale is sufficiently broad to cover disagreements relating to noise from the common wall (common property), and the Defendant’s conduct amounted to an implied agreement to arbitrate the noise issue. Section 25 of the Commercial Arbitration Act 1984 (NSW) does not render the...

Source-derived case information.

Parties
Plaintiff: Leslie Seymour; Defendant: Divome Properties Pty Ltd (ACN 003 801 394)
Jurisdiction
Australia
Judgment Date
08 February 2002
Procedural Posture
Contract Arbitration Dispute (equity) / Judgment
Outcome
Plaintiff entitled to have dispute determined by arbitrator.
Legal Topics
Arbitration Agreement, Jurisdiction of Arbitrator, Common Property Disputes, Defects in Strata Property
Contract Law Arbitration Property Law Arbitration Agreement Jurisdiction of Arbitrator Common Property Disputes Defects in Strata Property

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Parties

Leslie Seymour

Plaintiff

Divome Properties Pty Ltd (ACN 003 801 394)

Defendant

Procedural Posture

Contract Arbitration Dispute (equity) / Judgment

Legal Issues

  1. 1 Whether the disagreement relating to noise in the Plaintiff's bedroom falls within the arbitration clause of the contract
  2. 2 Whether the arbitrator has jurisdiction by express/implied agreement or estoppel
  3. 3 Whether s25 of the Commercial Arbitration Act 1984 (NSW) renders such agreement a nullity

Ratio Decidendi

The arbitration clause in the contract of sale is sufficiently broad to cover disagreements relating to noise from the common wall (common property), and the Defendant’s conduct amounted to an implied agreement to arbitrate the noise issue. Section 25 of the Commercial Arbitration Act 1984 (NSW) does not render the agreement to arbitrate this dispute a nullity.

Court Disposition

Plaintiff entitled to have dispute determined by arbitrator.

Orders

  • A declaration in terms of paragraph 1 of the Plaintiff's summons dated 27 November 2000.
  • Costs of the Plaintiff to be paid by the Defendant.