SUNDELL V. THE QUEENSLAND HOUSING COMMISSION

.-SUNDELL___.. - ecco

COMMISSION

REASONS FOR JUDGMENT

Judgment delivered at... Sydney _ a H.R Dav, Gor, Print, Mel on_Thursday, 3rd. December, 1953.

0.12980/45

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SUNDELL Ve THE QUEENSLAND HOUSING COMMISSION ORDER

Appeal allowed with costs. Order of the Supreme Court of Queensland discharged end in lieu thereof order that motion

to the Supreme Court be dismissed with costs.

SUNDELL ve

THE QUEENSLAND HOUSING COMMISSION

DIXON C.J. TUDGME NE rrro- i. TAYEOR J.

SUNDELL

Ve

THE QUEENSLAND HOUSING COMMISSION

DIXON C.J.

WEDp Ue

EITTu-J. JUDGMENT TAYDOR J.

This is an appeal from an order of the

Supreme Court of Queensland setting aside an award of an ; umpire for the sum of £7,203. 2. 7 in favour of the appellant. The award was made with respect to one of a number of disputes which were referred to arbitration by an instrument of © reference executed by the parties on the 17th December, -1952,

. The dispute between the parties arose in relation to a contract for the supply and erection for the respondent of a number of prefabricated houses. 'The contract, which was constituted by a memorandum of agreement made on the 24th May, 1950, and certain special and general conditions annexed thereto, was made between the supplier, a Swedish company, of the first part, the appellant, therein referred to as the contractor and whose obligation it was to erect the houses supplied by the supplier, of the second part, and

the respondent as owner, of the third part.

The substantial question which arises in this case is concerned primarily with the meaning and effect of some of the general conditions which provided for the submission of disputes to arbitration and their settlement by that process. It is convenient to refer to those provisions

pefore indicating the steps which were taken by the parties

but before doing so it should, perhaps, be stated that the