Ryde City Council v Transfield Pty Ltd t/as Transfield Tunnelling & Anor [2002] NSWSC 1037

Ryde City Council v Transfield Pty Ltd t/as Transfield Tunnelling & Anor [2002] NSWSC 1037

Leave to appeal is granted in relation only to the issue of disposal of spoil, as the arbitrator failed to consider the effect of the contract as varied by Addendum No 5 and did not address substantial submissions made on this point. No error of law found in arbitrator's findings on latent conditions or overheads and profit.

Jurisdiction
Australia
Judgment Date
07 November 2002
Procedural Posture
Application for Leave to Appeal From Arbitration Award / Judgment on Leave to Appeal
Outcome
Leave to appeal granted in part (only as to spoil disposal). Appeal upheld to that extent. Matter remitted to arbitrator for further consideration.
Legal Topics
['arbitration Appeals' 'latent Conditions' 'contract Variations' 'spoils Disposal' 'overhead and Profit']
['commercial Law' 'construction Law' 'arbitration'] ['arbitration Appeals' 'latent Conditions' 'contract Variations' 'spoils Disposal' 'overhead and Profit']

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Procedural Posture

Application for Leave to Appeal From Arbitration Award / Judgment on Leave to Appeal

Legal Issues

  1. 1 ['Whether arbitrator erred in relation to latent conditions' 'Whether arbitrator erred in relation to overheads and profit' 'Whether arbitrator erred in relation to excess spoil removal' 'Whether arbitrator considered correct contractual documents in making award']

Ratio Decidendi

Leave to appeal is granted in relation only to the issue of disposal of spoil, as the arbitrator failed to consider the effect of the contract as varied by Addendum No 5 and did not address substantial submissions made on this point. No error of law found in arbitrator's findings on latent conditions or overheads and profit.

Court Disposition

Leave to appeal granted in part (only as to spoil disposal). Appeal upheld to that extent. Matter remitted to arbitrator for further consideration.

Orders

  • ['Plaintiff directed to bring in short minutes of order reflecting reasons.' 'Appeal remitted to arbitrator for reconsideration of disposal of spoil according to law.']