Re Commercial Arbitration Act 1990

The appeal in this case was brought by CRJ Pty Ltd against an arbitration award made by Mr P. Duell on 13 December 1994. The appeal was limited to two grounds, both concerning the interpretation and application of clause 1.2 of a retail shop lease. The first ground challenged the arbitrator's finding that CRJ was obliged to pay 75% of the outgoings with respect to the property based on the whole of the land area. The second ground contested the arbitrator's determination that clause 1.2 complied with section 12 of the Retail Shop Leases Act 1984. The court found that the arbitrator erred in interpreting clause 1.2 as referring to outgoings with respect to the entire land area, instead of the building. The court also held that the 1984 Act, not the amended 1989 Act, applied to the lease, and that while most of clause 1.2 complied with section 12 of the 1984 Act, clause 1.2.6 lacked the required specificity. The appeal was allowed, and the award was varied and remitted to the arbitrator for reconsideration. The respondent was ordered to pay the appellant's costs of the appeal.