Murray v Munro

The High Court of Australia granted special leave to appeal in the matter of *Murray v Munro*. The dispute concerned an application for rescission, with the core of the appeal revolving around questions of fact and the application of estoppel by delay. The proceedings involved a reference to arbitration by a Judge, who also provided directions to the arbitrator.

The legal issues before the Court included the proper mode of taking exception to rulings of law made by an arbitrator and the time within which such objections must be raised. The Court was required to consider whether the appellant had effectively waived their right to object to the arbitrator's rulings due to their conduct and the passage of time.

The Court's reasoning focused on the principles of estoppel, particularly as they apply to arbitration proceedings. It was held that a party who participates in arbitration proceedings without timely objection to the arbitrator's rulings, especially after having had the opportunity to take exception, may be estopped from later challenging those rulings. The Court considered the implications of the appellant's delay in raising objections and their engagement with the arbitration process.