Kennedy-Taylor (Qld) Pty Ltd v Civil and Civic Pty Ltd

This case concerns a challenge by Kennedy-Taylor (Qld) Pty Ltd (the subcontractor) against the final award of an arbitrator in a dispute with Civil & Civic Pty Ltd (the contractor) over a subcontract. The primary issues were whether there was an agreement to settle all claims and, if so, whether it was repudiated by the subcontractor. The subcontractor brought proceedings to set aside the award, alleging errors of law, breaches of natural justice, and incompetence on the part of the arbitrator. The court found that while there were errors in the formal award, they did not indicate incompetence on the part of the arbitrator. The reasons provided by the arbitrator were deemed sufficient, and the award was amended to correct the technical error. The court dismissed the application to set aside the award, ordering the subcontractor to pay the contractor's costs.