REGANAM PTY LTD v CROSSING [2007] NSWSC 582

REGANAM PTY LTD v CROSSING [2007] NSWSC 582

The pre-hearing correspondence established that the arbitration would proceed on the basis of documents notified and provided before the hearing, so the parties were entitled to prepare on that basis. The admission of late material from the First Defendant, including the Storrie material and the document entitled "Spraying Weeds on Glenholme", went significantly beyond the previously disclosed case and was unfair, particularly when the Plaintiff was denied the opportunity to obtain material to meet it. That denial of natural justice required the award to be set aside. Given the arbitrator's conclusions, directions, manifest and fundamental errors of law, and other unsupported findings,...

Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Proceedings to Set Aside an Arbitration Award and Remove the Arbitrator Arising From an Agricultural Tenancy Dispute / Final Determination in the Supreme Court of New South Wales After Leave Had Been Granted
Outcome
The Plaintiff obtained orders setting aside the arbitration award, removing the Second Defendant as arbitrator, and requiring the First Defendant to pay the Plaintiff's costs of the Supreme Court proceedings.
Legal Topics
['setting Aside Arbitral Award' 'removal of Arbitrator' 'late Admission of Evidence' 'denial of Natural Justice' 'manifest Error of Law' 'technical Assessor in Arbitration']
['arbitration' 'agricultural Tenancies' 'procedural Fairness' 'natural Justice'] ['setting Aside Arbitral Award' 'removal of Arbitrator' 'late Admission of Evidence' 'denial of Natural Justice' 'manifest Error of Law' 'technical Assessor in Arbitration']

Case Brief

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Procedural Posture

Proceedings to Set Aside an Arbitration Award and Remove the Arbitrator Arising From an Agricultural Tenancy Dispute / Final Determination in the Supreme Court of New South Wales After Leave Had Been Granted

Legal Issues

  1. 1 ['Whether the Plaintiff was denied natural justice in the arbitration by the admission of late documents and evidence and the refusal of time or an adjournment to deal with that material' "Whether the arbitrator's award should be set aside" 'Whether the arbitrator should be removed as unsuitable to deal further with the dispute' "Whether the First Defendant should pay the Plaintiff's costs of the Supreme Court proceedings"]

Ratio Decidendi

The pre-hearing correspondence established that the arbitration would proceed on the basis of documents notified and provided before the hearing, so the parties were entitled to prepare on that basis. The admission of late material from the First Defendant, including the Storrie material and the document entitled "Spraying Weeds on Glenholme", went significantly beyond the previously disclosed case and was unfair, particularly when the Plaintiff was denied the opportunity to obtain material to meet it. That denial of natural justice required the award to be set aside. Given the arbitrator's conclusions, directions, manifest and fundamental errors of law, and other unsupported findings,...

Court Disposition

The Plaintiff obtained orders setting aside the arbitration award, removing the Second Defendant as arbitrator, and requiring the First Defendant to pay the Plaintiff's costs of the Supreme Court proceedings.

Orders

  • ['That the award of the Second Defendant made on 27 July 2005 in the arbitration of disputes arising out of the leasing of the property "Glenholme" from the Plaintiff to the Defendant be set aside' 'That the Second Defendant be removed as arbitrator of the said disputes' "That the First Defendant pay the Plaintiffs'...