Viterra Operations Ltd (T/A ABB Grain Storage & Handling) v Ewing International Limited Partnership

Viterra Operations Ltd (T/A ABB Grain Storage & Handling) sought permission to appeal an interlocutory judgment of a single judge of the Supreme Court of South Australia. The underlying dispute concerned an arbitration award made in favour of Ewing International Limited Partnership.

The primary legal issue before the Full Court was whether it was open to the primary judge to conclude that there was a manifest error of law on the face of the arbitration award, thereby granting leave to appeal. The Full Court was required to consider the criteria for granting leave to appeal from an interlocutory judgment in this context.

The Full Court reasoned that the threshold for demonstrating a manifest error of law on the face of an award is a high one. It held that the primary judge had erred in finding such an error. The Court applied the principles governing appeals from interlocutory judgments and the limited grounds upon which an appeal from an arbitration award may be permitted, emphasizing that mere disagreement with the arbitrator's findings or interpretation of the evidence does not constitute a manifest error of law.

Permission to appeal was refused.