Tuta Products Pty Ltd v Hutcherson Bros Pty Ltd [1972] HCA 4

High Court of Australia Barwick C.J. McTiernan, Menzies, Windeyer and Owen JJ. Barwick C.J. Menzies, Walsh, Gibbs and Stephen JJ. Tuta Products Pty Ltd v Hutcherson Bros Pty Ltd [1972] HCA 4

ORDER A preliminary question arose in the argument of this appeal, namely, whether a proposition of propositions of law appeared on the face of the award made on 18th November 1970, in an arbitration between the parties. The Court, by majority, is of opinion that a proposition of law does so appear and that the appellant's appeal to this Court should proceed during the sittings of the Court in Sydney which will commence on 14th March 1972. Appeal allowed. Order of the Supreme Court of New South Wales, Court of Appeals Division, set aside and in lieu thereof order that the appeal to that court be allowed and that the order of Isaacs J. be set aside, and in lieu thereof order that the award of the arbitrators be set aside to the extent that the arbitrators thereby awarded:—

(i) that the respondent was entitled to $15,662.00 as expenses associated with delay in completion of certain works occasioned by the preservation on site of an existing sewer line; and

(ii) that the respondent was entitled to $2,649.98 as expenses to which he was put in maintaining the existing sewer line; and

(iii) that the above sums should be included in the total award which was for the sum of $64,955.83; and

(iv) that the appellant pay the respondent four-fifths of the costs of the respondent as between party and party of and incidental to the arbitration other than costs of the application to the Supreme Court by way of stated case; and

(v) that there be no award as to the costs of the appellant; and

(vi) that the expenses of the arbitration be borne as to four-fifths thereof by the appellant and as to one-fifth thereof by the respondent;