Ku-ring-gai Council v Ichor Constructions Pty Ltd

The dispute in *Ku-ring-gai Council v Ichor Constructions Pty Ltd* concerned the role of the Supreme Court in relation to an arbitration under the *Commercial Arbitration Act 2010* (NSW). Ku-ring-gai Council (the applicant) had sought declarations from the Supreme Court that the mandate of an arbitrator had not been terminated. The primary judge dismissed this summons. The Council then sought to appeal this decision to the Court of Appeal.

The Court of Appeal was required to determine two principal legal issues. First, whether the summons seeking declarations from the Supreme Court constituted a request for an "interim measure" under section 17J of the Act, or a request for a decision under section 14(2). Second, if the primary judge's decision was made under section 14(2), whether an appeal to the Court of Appeal was precluded by section 14(3) of the Act.

The Court of Appeal held that the summons did not seek an interim measure under section 17J, but rather a determination of the arbitrator's mandate, which fell under the ambit of section 14(2). Crucially, the Court found that section 14(3) of the Act expressly precludes appeals from decisions made by a court under section 14(2). Therefore, the application for leave to appeal was incompetent.

Consequently, the Court of Appeal dismissed the application for leave to appeal as incompetent and ordered the applicant to pay the respondent’s costs of the application, including the costs of the objection to competency.