Gardiner v Laing O'Rourke Australia Construction Pty Limited (No 2)

Gardiner brought proceedings against Laing O'Rourke Australia Construction Pty Limited, contesting the determination made by an arbitrator. The matter was heard in the New South Wales Supreme Court. The arbitrator had issued a Certificate of Determination, finding in favour of Laing O'Rourke, which Gardiner sought to challenge. The court was tasked with reviewing the legal validity and correctness of the arbitrator's decision.

The central legal issue before the court was whether the arbitrator had jurisdiction to make the determination in question and if the process followed was fair and in accordance with the law. Gardiner argued that the arbitrator lacked jurisdiction due to procedural errors and that the determination was flawed. Laing O'Rourke contended that the arbitrator's decision was valid and should be upheld.

The court found that the arbitrator did not have jurisdiction to make the determination as there were significant procedural errors. The court held that the errors were such that they rendered the entire process unfair and non-compliant with the applicable legal standards. Consequently, the Certificate of Determination was revoked, and the matter was remitted for redetermination by a different arbitrator, as per the direction given in the Court of Appeal's decision.