Paul Rawson Investments Pty Ltd & Anor v James Boon Corporation Pty Ltd & Ors [2022] NSWSC 613

Supreme Court New South Wales

Medium Neutral Citation: Paul Rawson Investments Pty Ltd & Anor v James Boon Corporation Pty Ltd & Ors [2022] NSWSC 613 Hearing dates: 10 May 2022 Date of orders: 10 May 2022 Decision date: 10 May 2022 Jurisdiction: Equity - Commercial List Before: Black J Decision: Summons dismissed and orders made recognising arbitration awards. Parties to submit agreed short minutes of order or, absent agreement, their respective draft orders and short submissions by 4pm on 17 May 2022 Catchwords: CIVIL PROCEDURE — Arbitration — Appeal on question of law — Leave to appeal — where parties agreed to arbitrate under the Commercial Arbitration Act 2010 (NSW) — where Plaintiffs contend that the arbitration was expressed to be "subject to any right of appeal" — whether parties agreed that an appeal lies to the Court on a question of law arising out of the award pursuant to s 34A(1) of the Commercial Arbitration Act 2010 (NSW) AGENCY — Authority of agent — Ostensible authority — where parties engaged in an arbitration — whether solicitors had ostensible authority to agree that a substantive right of appeal arises where the parties' substantive agreement did not so provide Legislation Cited: Commercial Arbitration Act 2010 (NSW), s 34A, s 35 Commercial Arbitration Act 1984 (NSW) Cases Cited: - CIC Insurance Ltd v Bankstown Football Club Ltd [1985] 8 ANZ Ins Cas 51 232 - Inghams Enterprises Pty Ltd v Southern Cross Farms Australia Pty Ltd (2022) 398 ALR 562; [2022] SASCA 7 - Lucke v Cleary [2011] 111 SASR 134; [2011] SASCFC 118 - Pavlovic v Universal Music Australia Pty Ltd [2015] 90 NSWLR 605; [2015] NSWCA 313 - The Nuance Group (Australia) Pty Ltd v Shape Australia Pty Ltd (2021) 395 ALR 720; [2021] NSWSC 1498 Category: Principal judgment Parties: Paul Rawson Investments Pty Ltd (First Plaintiff/First Cross-Defendant) Paul Anthony Rawson (Second Plaintiff/Second Cross-Defendant) James Boon Corporation Pty Ltd (First Defendant/First Cross-Claimant) James Matthew Boon (Second Defendant/Second Cross-Claimant) RCB Investments Pty Ltd (Third Defendant) Representation: Counsel: D B Studdy SC (Plaintiffs/Cross-Defendants) A J McInerney SC (Defendants/First and Second Cross-Claimants)