Quadwest Developments Pty Ltd v Thi

Quadwest Developments Pty Ltd brought an application against Thi for leave to appeal an arbitration award, arguing that the arbitrator had committed technical misconduct and errors of law. The case was heard by the Supreme Court of New South Wales, which was tasked with determining whether the errors alleged by Quadwest were sufficient to warrant leave to appeal. The primary legal issues before the court were whether the alleged errors of law were manifest and whether any procedural errors amounted to technical misconduct.

The court found that for an error of law to be considered manifest, it must be evident or obvious rather than merely arguable, and it must be apparent on the face of the award. The court noted that the underlying legislative intention is that leave to appeal should be strictly limited. The court also emphasised that if the arbitrator has dealt with the requisite issues, then any failure to give adequate or proper reasons is not an error of law but rather misconduct. In this case, the court concluded that the alleged errors of law were not manifest on the face of the award, and the procedural errors were more appropriately characterised as misconduct rather than an error of law.

Accordingly, the court dismissed the application for leave to appeal. The court held that the alleged errors did not meet the threshold for manifest error of law and that the procedural issues were better addressed as misconduct under the relevant statutory provisions.