12 Jun 2015
Special leave to appeal was declined because the proposed grounds raised no seriously arguable question of law: the arbitrator made adverse factual findings of actual authority and as to delivery which were supported by evidence, and Keane J correctly applied the statutory threshold in cl 5 sch 2 and properly exercised the discretion to refuse leave.
30 Aug 2010
The application to set aside the statutory demand was dismissed because the court found the liquidated damages clause was a genuine pre-estimate and therefore $20,000 of post-termination losses were recoverable as liquidated damages and only $9,249.19 of pre-termination liabilities were separately recoverable (total arguable set-off $29,249.19), which was insufficient to reduce the respondent's arbitration award and costs of $58,903.25; further, insolvency set-off under s 310 was unavailable because the operative transaction (exercise of the option) occurred within the specified period and th…