Kosovic v Star City Pty Limited

The case of Kosovic v Star City Pty Limited was heard by the Supreme Court of New South Wales. The plaintiff, Mr. Kosovic, brought an appeal against the decision of an arbitrator who had ruled in favour of the defendant, Star City Pty Limited, in a dispute regarding the plaintiff's ejection from the defendant's casino. Mr. Kosovic argued that the arbitrator had erred in his assessment of the evidence and failed to consider his incapacity due to alcohol intoxication, and that the decision was not adequately reasoned.

The primary legal issue before the court was whether the arbitrator's decision was flawed due to an incorrect assessment of the evidence and the absence of reasons. The court had to determine if the arbitrator had properly exercised his discretion in assessing the credibility of witnesses and if he had provided sufficient reasons for his decision.

The court found that the arbitrator had not erred in his assessment of the evidence. It was determined that the arbitrator had correctly evaluated the witnesses' testimonies and that there was no basis to conclude that the plaintiff was incapacitated due to alcohol intoxication. The court further found that while the reasons provided by the arbitrator could have been more detailed, they were adequate to justify his decision. Therefore, the court upheld the decision of the arbitrator and dismissed the plaintiff's appeal.