WARLEY PTY LTD v ADCO CONSTRUCTIONS PTY LTD [1988] NSWCA 166

WARLEY PTY LTD v ADCO CONSTRUCTIONS PTY LTD [1988] NSWCA 166

A challenge to an arbitrator's findings as perverse or grossly erroneous does not raise a question of law under the Commercial Arbitration Act 1984 as interpreted by Azzopardi; therefore leave to appeal is refused and the appeal is dismissed.

Parties
Appellant: Warley Pty Ltd; Respondent: Adco Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
30 November 1988
Procedural Posture
Appeal Commercial Arbitration / Application for Leave to Appeal and Appeal
Outcome
Leave to appeal revoked; appeal dismissed.
Legal Topics
Question of Law in Arbitration, Appeal Limitations, Fact Finding Immunity, Building Contracts
Arbitration Civil Procedure Question of Law in Arbitration Appeal Limitations Fact Finding Immunity Building Contracts

Case Brief

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Parties

Warley Pty Ltd

Appellant

Adco Constructions Pty Ltd

Respondent

Procedural Posture

Appeal Commercial Arbitration / Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether the findings of the arbitrator gave rise to a question of law under the Commercial Arbitration Act 1984
  2. 2 Whether the arbitrator's award was perverse and thus susceptible to appellate review

Ratio Decidendi

A challenge to an arbitrator's findings as perverse or grossly erroneous does not raise a question of law under the Commercial Arbitration Act 1984 as interpreted by Azzopardi; therefore leave to appeal is refused and the appeal is dismissed.

Court Disposition

Leave to appeal revoked; appeal dismissed.

Orders

  • Leave to appeal revoked.
  • Summons for leave to appeal dismissed.