RIVERLEA CORPORATION PTY LTD -v- BOCOL CONSTRUCTIONS PTY LTD [2007] WASC 317
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2007] WASC 317 | |
| Case No: | ARB:5/2007 | 10 & 11 OCTOBER 2007 | |
| Coram: | McKECHNIE J | 19/12/07 | |
| 37 | Judgment Part: | 1 of 1 | |
| Result: | Application dismissed | ||
| B | |||
| PDF Version |
| Parties: | RIVERLEA CORPORATION PTY LTD BOCOL CONSTRUCTIONS PTY LTD KEVIN JOSEPH LUXFORD |
Catchwords: | Commercial arbitration Power to remit Mistake made by party |
Legislation: | Commercial Arbitration Act 1985 (WA), s 43, s 30, s 38 |
Case References: | Bandwith Shipping Corp v Intaari (2007) EWCA Civ 998 Bovis Lend Lease Pty Ltd v WGE Pty Ltd [2002] NSWSC 939 Commonwealth of Australia v Cockatoo Dockyard Pty Ltd (1995) 36 NSWLR 662 Imperial Leatherwear Co Pty Ltd v Macri & Marcellino Pty Ltd (1991) 22 NSWLR 653 Minister for Industrial Affairs v Civil Tech Pty Ltd [2003] SASC 40; (2003) 84 SASR 559 Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd (No 2) [2005] QSC 46; (2005) 2 Qd R 180 Sabemo Pty Ltd v Malaysia Hotel Australia Pty Ltd (Unreported, NSWSC, Library No 55007, 4 June 1992) The Marriage of F [2001] 1 Fam Ca 348; 161 FLR 189 Uszok v Henley Properties (NSW) Pty Ltd [2007] NSWCA 31 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Applicant
AND
BOCOL CONSTRUCTIONS PTY LTD
First Respondent
KEVIN JOSEPH LUXFORD
Second Respondent
Catchwords:
Commercial arbitration - Power to remit - Mistake made by party
Legislation:
Commercial Arbitration Act 1985 (WA), s 43, s 30, s 38
Result:
Application dismissed
(Page 2)
Category: B
Representation:
Counsel:
Applicant : Mr P J Hannan
First Respondent : Mr M Orlov
Second Respondent : No appearance
Solicitors:
Applicant : Hammond King Touyz
First Respondent : J D Finlay & Co
Second Respondent : No appearance
Case(s) referred to in judgment(s):
Bandwith Shipping Corp v Intaari (2007) EWCA Civ 998
Bovis Lend Lease Pty Ltd v WGE Pty Ltd [2002] NSWSC 939
Commonwealth of Australia v Cockatoo Dockyard Pty Ltd (1995) 36 NSWLR 662
Imperial Leatherwear Co Pty Ltd v Macri & Marcellino Pty Ltd (1991) 22 NSWLR 653
Minister for Industrial Affairs v Civil Tech Pty Ltd [2003] SASC 40; (2003) 84 SASR 559
Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438
Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd (No 2) [2005] QSC 46; (2005) 2 Qd R 180
Sabemo Pty Ltd v Malaysia Hotel Australia Pty Ltd (Unreported, NSWSC, Library No 55007, 4 June 1992)
The Marriage of F [2001] 1 Fam Ca 348; 161 FLR 189
Uszok v Henley Properties (NSW) Pty Ltd [2007]…
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- Case
- [2007] WASC 317
- Decision Date
CaseChat Overview and Summary
The central legal question was whether the court had the authority to remit the case to the arbitrators for correction of an error made by one of the parties. The court examined the relevant statutory provisions and case law to establish the scope of its power to remit in such circumstances. It considered whether the error significantly affected the outcome of the arbitration and whether it was feasible to correct the mistake without fundamentally altering the arbitration process.
The court held that it did have the power to remit the case back to the arbitrators to correct the mistake. It found that the error made by the party had a substantial impact on the outcome of the arbitration and that it was feasible to correct the mistake without fundamentally altering the arbitration process. The court's decision was based on a balance between the need for finality in arbitration outcomes and the importance of ensuring that the arbitration process was fair and just. The court dismissed the application, affirming the tribunal's power to remit in such circumstances.
Orders
Orders of the court
1. Application dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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