Burton v Bairnsdale Shire [1908] HCA 57

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HIGH COURT (1908.

(HIGH COURT OF AUSTRALIA.]

BURTON . , 'i , % a f APPELLANT ;

THE PRESIDENT, &c, OF THE is,

PLAINTIFF,

AND

RESPONDENTS. OF BAIRNSDALE

DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

H.C. or A, Building contract — Arbitration — Stay of action — Determination of contract by

1908. -— MELBOURNE,

September 8, 9, 10, 18.

Barton, O'Connor, Isaacs and Higgins JJ.

employer—Extension of time for completion—Inherent jurisdiction of Court— Supreme Court Act 1890 (Vict.) (No. 1142), sec. 152—A buse of proceas—A ction

frivolous or vexatious—Summary judgment—Rules of Supreme Court 1906 (Vict.), Order XIV. (A).

One of the conditions of a contract between a Shire Council and a con- tractor for building a bridge provided that the contractor should complete the whole of the works on a certain day. Another condition provided that, if the contractor should, in the opinion of the engineer, fail to make such progress with the works as the engineer should deem sufficient to ensure their completion within the specified time, and should fail or neglect to rectify such cause of complaint for seven days after being thereunto required in writing by the engineer, it should be lawful for the Council to determine the contract. A third condition provided should "any doubt dispute or differ- ence arise or happen touching or concerning the said works . . . . or in relation to the exercise of any of the powers of the Council or the engineer under this contract or any claim made by the contractor in consequence thereof or in any way arising therefrom or in relation to any impediment pre- vention or obstruction to or in the carrying on of the works of this contract or any part thereof (or any extras additions enlargements deviations or altera- tions thereon or thereof or any of them or any part thereof) by the Council or the engineer . . . . or any claim made by the contractor in consequence thereof or in any way arising therefrom or touching or concerning the mean-