Rinker Group Limited v Mackell (No.2)

Rinker Group Limited, as the employer, appealed against the decision of an arbitrator who had ruled in favour of Mr. Mackel, the employee, in a dispute regarding the employer's refusal to grant leave to call oral evidence from an expert witness, the late submission of evidence, restrictions on cross-examination, the refusal to grant an adjournment, and restrictions on the number of forensic medical reports. The case was heard in the Federal Court of Australia.

The primary legal issues before the court were whether the arbitrator had the discretion to refuse leave to call oral evidence from an expert witness and whether the refusal to grant an adjournment and the restrictions on cross-examination and the number of forensic medical reports were within the arbitrator's discretion. The court needed to determine whether the arbitrator had erred in law in these matters and, if so, whether such an error was sufficiently significant to warrant the setting aside of the arbitrator's decision.

The court held that the arbitrator had the discretion to refuse leave to call an expert witness and that such discretion was not subject to review on the basis of error of law. The court found that the arbitrator's refusal to grant an adjournment and the restrictions on cross-examination and the number of forensic medical reports were also within the arbitrator's discretion. The court held that the arbitrator had not erred in law in exercising that discretion. Accordingly, the decision of the arbitrator was confirmed.