CBI Constructors Pty Ltd v Chevron Australia Pty Ltd [2024] HCA 28

HIGH COURT OF AUSTRALIA

GAGELER CJ,

GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJ

CBI CONSTRUCTORS PTY LTD & ANOR APPELLANTS

AND

CHEVRON AUSTRALIA PTY LTD RESPONDENT

CBI Constructors Pty Ltd v Chevron Australia Pty Ltd

[2024] HCA 28

Date of Hearing: 16 April 2024

Date of Judgment: 14 August 2024

P22/2023

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Western Australia

Representation

J C Sheahan KC with B Yin for the appellants (instructed by Clayton Utz)

S L Doyle KC with S J Davis and D C McKimmie for the respondent (instructed by Norton Rose Fulbright)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

CBI Constructors Pty Ltd v Chevron Australia Pty Ltd

Arbitration – Award – Application to set aside arbitral award – Where arbitration proceedings arose from dispute concerning contract to provide staff – Where tribunal issued first interim award on issues of liability – Where appellants repleaded their case on quantum ("Contract Criteria Case") – Where respondent objected to Contract Criteria Case on basis of res judicata, issue estoppel, Anshun estoppel and that tribunal was functus officio – Where tribunal rejected respondent's objections and issued second interim award – Where respondent applied to set aside second interim award under s 34(2)(a)(iii) of Commercial Arbitration Act 2012 (WA) – Where primary judge set aside second interim award and held tribunal was functus officio – Where Court of Appeal of Supreme Court of Western Australia dismissed appeal – Whether Court of Appeal erred in holding Supreme Court had power to set aside second interim award under s 34(2)(a)(iii) of Commercial Arbitration Act – Whether Court of Appeal erred in finding standard of review to be applied by Supreme Court is de novo review.