Sunvara Pty Ltd v John Thomas Williams [2001] NSWSC 358

Sunvara Pty Ltd v John Thomas Williams [2001] NSWSC 358

Leave to appeal on the construction issue was refused because the plaintiff did not demonstrate any manifest error of law on the face of the arbitral awards. The arbitrator addressed the relevant contractual criterion of whether the substituted finish was of at least equivalent quality and found, on attributes including impact resistance, maintenance, hardness, composition, sound and appearance, that painted plasterboard was less than painted cement render in some respects. Even if the arbitrator did not expressly state the full contractual construction test, it was not appropriate in the Court's discretion to grant leave merely on that basis.

Jurisdiction
Australia
Judgment Date
06 April 2001
Procedural Posture
Applications Under S 38(4)(b) of the Commercial Arbitration Act 1984 for Leave to Appeal From Interim Arbitral Awards / Judgment on Leave to Appeal on the Construction Issue; Damages Issue Adjourned for Further Hearing
Outcome
Leave to appeal on the construction issue refused; damages issue adjourned; costs reserved.
Legal Topics
['leave to Appeal From Arbitral Award' 'manifest Error of Law on the Face of the Award' 'construction of Contract' 'equivalent Quality of Substituted Finishes' 'damages for Breach of Contract']
['commercial Arbitration' 'contract Law' 'construction Law'] ['leave to Appeal From Arbitral Award' 'manifest Error of Law on the Face of the Award' 'construction of Contract' 'equivalent Quality of Substituted Finishes' 'damages for Breach of Contract']

Case Brief

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Procedural Posture

Applications Under S 38(4)(b) of the Commercial Arbitration Act 1984 for Leave to Appeal From Interim Arbitral Awards / Judgment on Leave to Appeal on the Construction Issue; Damages Issue Adjourned for Further Hearing

Legal Issues

  1. 1 ['Whether leave should be granted to appeal from the interim awards on the basis that the arbitrator made a manifest error of law on the face of the award in construing Special Condition 1(c).' 'Whether painted plasterboard was a finish of at least equivalent quality to painted cement render within Special Condition 1(c).' 'Whether the arbitrator erred in the approach to damages, an issue adjourned for later argument.']

Ratio Decidendi

Leave to appeal on the construction issue was refused because the plaintiff did not demonstrate any manifest error of law on the face of the arbitral awards. The arbitrator addressed the relevant contractual criterion of whether the substituted finish was of at least equivalent quality and found, on attributes including impact resistance, maintenance, hardness, composition, sound and appearance, that painted plasterboard was less than painted cement render in some respects. Even if the arbitrator did not expressly state the full contractual construction test, it was not appropriate in the Court's discretion to grant leave merely on that basis.

Court Disposition

Leave to appeal on the construction issue refused; damages issue adjourned; costs reserved.

Orders

  • ['Leave to appeal on construction issue refused.' 'The damages issue is to be the subject of further submission and argument.' 'Costs are reserved.']