Winslow Constructors v Head, Transport for Victoria

Winslow Constructors lodged an application in the County Court of Victoria seeking to enforce an arbitration award made in its favour by a tribunal. Head, Transport for Victoria opposed the application on the grounds that the award did not include reasons as required by section 31(3) of the Commercial Arbitration Act 2011 (Vic). The Court was required to decide whether the award complied with the statutory requirement to include reasons and, if not, whether this defect could be waived by the opposing party under section 4 of the Act.

The Court considered the obligation imposed by section 31(3) of the Act, which required the award to state the reasons on which it was based. It held that the requirement for reasons was mandatory and the absence of reasons rendered the award invalid. The Court also examined whether Head had waived its right to object to the award’s inadequacy by not raising the issue until after the tribunal had made further awards relating to costs and other matters. The Court concluded that waiver under section 4 of the Act required conduct that demonstrated an intention to relinquish a known right and that Head’s failure to object to the lack of reasons prior to the making of further awards did not constitute a waiver.

The Court found that the award was invalid due to the absence of reasons and dismissed the application to enforce the award. As a result, Winslow Constructors was unable to enforce the award against Head, Transport for Victoria.