Doric Building Pty Ltd v Marine and Civil Construction Co Pty Ltd

The Supreme Court of Western Australia presided over an application by Doric Building Pty Ltd to appeal the decisions of an arbitrator in a dispute with Marine and Civil Construction Co Pty Ltd over a subcontract agreement related to the design and construction of the underwater observatory at the Busselton Jetty. The court was required to decide on the validity of Doric's appeal, whether the awards should be enforced, and whether the amount of the awards should be paid into court pending the outcome of Doric's application to set aside the awards under s 42 of the Commercial Arbitration Act 1985 (WA). The court considered the evidence and arguments presented by both parties, including the nature of the subcontract agreement, the obligations and liabilities of the parties, and the findings and decisions of the arbitrator. The court determined that the application for leave to appeal, the appeal itself, and the application under s 42 should be heard together to avoid unnecessary duplication and to ensure consistency in the decisions. The court also refused to enforce the awards and enter judgment, pending the outcome of the challenges to the awards, and declined to order the payment of the amount of the awards into court, as there was insufficient evidence to justify such an order. The court concluded that the pending application under s 42 for misconduct of the arbitrator was significant and should be considered in the context of the court's discretion to enforce the awards. The court directed the parties to discuss the appropriate form of orders and costs.