VANDERVAERE v MILAN [1992] NSWCA 260

VANDERVAERE v MILAN [1992] NSWCA 260

There was no manifest error of law on the face of the award, as interest was not claimed in the pleadings and the arbitrator's approach did not contravene legal requirements; the requirements of s38(5) Commercial Arbitration Act 1984 for leave to appeal were not satisfied.

Parties
Appellant: Vandervaere; Respondent: Milan
Jurisdiction
Australia
Judgment Date
11 September 1992
Procedural Posture
Appeal / Judgment on Appeal From Decision of Rolfe J (granting Leave to Appeal Arbitral Award)
Outcome
appeal allowed; judgment of Rolfe J set aside; leave to appeal from arbitrator's decision refused with costs
Legal Topics
Awards of Interest in Arbitration, Manifest Error of Law, Leave to Appeal Arbitral Award
Commercial Law Arbitration Awards of Interest in Arbitration Manifest Error of Law Leave to Appeal Arbitral Award

Case Brief

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Parties

Vandervaere

Appellant

Milan

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Decision of Rolfe J (granting Leave to Appeal Arbitral Award)

Legal Issues

  1. 1 Whether failure by arbitrator to award interest on progress payment constituted a manifest error of law under s38(5) Commercial Arbitration Act 1984
  2. 2 Whether conditions for granting leave to appeal (substantial effect on rights, manifest error of law, certainty for commercial law) were satisfied

Ratio Decidendi

There was no manifest error of law on the face of the award, as interest was not claimed in the pleadings and the arbitrator's approach did not contravene legal requirements; the requirements of s38(5) Commercial Arbitration Act 1984 for leave to appeal were not satisfied.

Court Disposition

appeal allowed; judgment of Rolfe J set aside; leave to appeal from arbitrator's decision refused with costs

Orders

  • Leave to appeal from the decision of the Arbitrator refused with costs.
  • Respondent to pay appellant's costs of the appeal to this Court.