Silent Vector Pty Ltd v Hassell

Silent Vector Pty Ltd, an applicant, sought an extension of time to appeal from an award made by an arbitrator in relation to a building contract. The appeal was brought under s 42 of the Commercial Arbitration Act 1985 (WA) on the ground of misconduct on the part of the arbitrator. The Supreme Court was required to decide whether the application should be dismissed as being out of time, and if not, whether the application should be granted on its merits. The Court held that the application was brought too late. The Court found that the delay in bringing the application was not adequately explained and that the prejudice to the respondents was considerable. The Court also found that the remaining grounds of the application were not made out. The application was dismissed.