SUPREME COURT OF QUEENSLAND
CITATION:
Mackay Sugar Ltd v Sugar Australia Pty Ltd [2013] QSC 233
PARTIES:
MACKAY SUGAR LTD
ACN 057 463 671
(applicant)AND
SUGAR AUSTRALIA PTY LTD
ACN 081 245 169
(respondent)FILE NO:
BS 120924 of 2012
DIVISION:
Trial Division
PROCEEDING:
Application
DELIVERED ON:
5 September 2013
DELIVERED AT:
Brisbane
HEARING DATE:
18 April 2013
JUDGE:
Jackson J
ORDER:
The order of the court is:
1. leave to appeal from the award is granted.
2. the appeal is dismissed.
3. the applicant pay the respondent’s costs of the application and appeal to be assessed.
CATCHWORDS:
ARBITRATION – THE AWARD – APPEAL OR JUDICIAL REVIEW – GROUNDS FOR REMITTING OR SETTING ASIDE – ERROR OF LAW – CONSTRUCTION OF CONTRACT – where a party applied for leave to appeal from an arbitral award, for an award of damages for breach of contract, under the Commercial Arbitration Act 1990 (Qld), s 38 – where the parties contracted to supply and acquire raw sugar beyond the end of the contract – where the arbitrator made a finding that a term of a contract was a term of an implied or “tacit agreement” – whether the arbitrator erred in law – whether the arbitrator failed to give adequate reasons
Commercial Arbitration Act 1990 (Qld), s 29, s 38
Commercial Arbitration Act 2013 (Qld), s 41, s 42
Sale of Goods Act 1896 (Qld), s 29, s 52AGL Sales (Qld) Pty Ltd v Dawson Sales Pty Ltd [2009] QCA 262, cited
Andar Transport Pty Ltd v Brambles Ltd (2004) 217 CLR 424; [2004] HCA 28, cited
Brogden v Metropolitan Railway Co (1877) 2 App Cas 666, cited
Byrne v Australian Airlines Limited (1995) 185 CLR 410, cited
Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 47; [2004] HCA 55, cited
Goldsborough, Mort & Co v Carter (1914) 19 CLR 429; [1914] HCA 80, cited
Howell v Coupland (1876) 1 QBD 258, cited
Hyundai Merchant Marine Co Ltd v Dartbrook Coal (Sales) Pty Ltd (2006) 236 CLR 115; [2006] HCA 1324, cited
Kriketos v Livschitz [2009] NSWCA 96, cited
Lebeaupin v Richard Crispin & Co [1920] 2 KB 714, citedSapphire (SA) Pty Ltd v Barry Smith Grains Pty Ltd (in liq) [2011] NSWSC 1451, cited
Scanlan’s New Neon Ltd v Tooheys Ltd (1943) 67 CLR 169; [1943] HCA 43, cited
State of Victoria v Seal Rocks Victoria (Australia) Pty Ltd [2003] VSC 84, cited
Sugar Australia Pty Limited v Mackay Sugar Ltd [2012] QSC 38, cited
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52, cited
Tuta Products Pty Ltd v Hutcherson Bros Pty Ltd (1972) 127 CLR 253, cited
Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239; [2011] HCA 37, cited
Zurich Bay Holdings Pty Ltd v Iluka Midwest Ltd [2009] WASC 237
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- Case
- [2013] QSC 233
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the applicant had demonstrated that the arbitrator had made an error of law in the construction of the contract and whether the arbitrator had failed to give adequate reasons for his decision. The court noted that an appeal from an arbitral award was a limited and exceptional remedy, and that leave to appeal would only be granted where the applicant had demonstrated a serious question to be tried. The court also noted that the standard of review of an arbitral award was limited to errors of law on the face of the record, and that the court was not permitted to substitute its own view of the matter for that of the arbitrator.
The court found that the applicant had not demonstrated a serious question to be tried. The court noted that the arbitrator had provided detailed reasons for his decision, and that the applicant had not demonstrated any error of law on the part of the arbitrator in his construction of the contract. The court also found that the arbitrator had provided adequate reasons for his decision. Accordingly, the court dismissed the application for leave to appeal.
The order of the court was that leave to appeal from the award is granted, the appeal is dismissed and the applicant pay the respondent’s costs of the application and appeal to be assessed.
Orders
Orders of the court
The order of the court is:
1. leave to appeal from the award is granted.
2. the appeal is dismissed.
3. the applicant pay the respondent’s costs of the application and appeal to be assessed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.