SUNDELL V. THE QUEENSLAND HOUSING COMMISSION

SUNDELL V. THE QUEENSLAND HOUSING COMMISSION

The instrument of reference operated by joint consent of the parties and was not restricted by Clause 27; Clause 27 only barred the right to require arbitration unilaterally after a lapse of time, not the substantive claim itself. As the dispute was referred by mutual agreement, the arbitrators and umpire had...

Source-derived case information.

Parties
Appellant: Sundell; Respondent: The Queensland Housing Commission
Jurisdiction
Australia
Judgment Date
03 December 1953
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed.
Legal Topics
Arbitration Clause Interpretation, Contractual Time Limits, Jurisdiction of Arbitrators
Contract Law Arbitration Arbitration Clause Interpretation Contractual Time Limits Jurisdiction of Arbitrators

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Parties

Sundell

Appellant

The Queensland Housing Commission

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Clause 27 of the contract bars the claim or merely bars the right to require arbitration.
  2. 2 Whether the arbitrators and the umpire had jurisdiction to make the award despite time limitations.
  3. 3 Effect of the instrument of reference and contractual provisions on arbitrators' powers.

Ratio Decidendi

The instrument of reference operated by joint consent of the parties and was not restricted by Clause 27; Clause 27 only barred the right to require arbitration unilaterally after a lapse of time, not the substantive claim itself. As the dispute was referred by mutual agreement, the arbitrators and umpire had jurisdiction and the award was valid.

Court Disposition

Appeal allowed.

Orders

  • Order of the Supreme Court of Queensland discharged.
  • Order that the motion to the Supreme Court be dismissed with costs.