Thoroughvision Pty Ltd v Sky Channel Pty Ltd

Thoroughvision Pty Ltd applied to the Supreme Court of Victoria for leave to appeal an arbitral award made in favour of Sky Channel Pty Ltd. The dispute between the parties centred around the interpretation and validity of a contract between the two companies. The Supreme Court was required to determine whether the arbitral award contained a manifest error of law and whether the award should be set aside due to misconduct by the arbitrator.

The court held that the award did not contain a manifest error of law on the face of the award. The court found that the tribunal had correctly interpreted the contract between the parties and that the award was supported by the evidence presented. The court also found that the arbitrator had not acted with misconduct, as the reasons provided were sufficient and met the standard required by the Commercial Arbitration Act 1984 (Vic). The court ultimately dismissed the application for leave to appeal and the application to set aside the award.

The Supreme Court of Victoria dismissed both the application for leave to appeal the arbitral award and the application to set aside the award. The court found that the tribunal had correctly interpreted the contract between the parties and that the award was supported by the evidence presented. The court also found that the arbitrator had not acted with misconduct, as the reasons provided were sufficient and met the standard required by the Commercial Arbitration Act 1984 (Vic). The award was therefore upheld.