NSW Caselaw
STATE OF NEW SOUTH WALES v COYA (CONSTRUCTIONS) PTY LTD; COYA (CONSTRUCTIONS) PTY LTD v STATE OF NEW SOUTH WALES
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
KirBY ACJ, PRIESTLEY and POWELL JJA 24-28 October 1994, 4 August 1995 [1995] NSWCA 446
ARBITRATION — commercial arbitration — application for leave to appeal to Court of Appeal — proper approach to Supreme Court Act 1970, s101(2)(i) — principle of restraint — held: Applicable to further application for leave to appeal to Court of Appeal from refusal of single judge — leave refused.
JUDGES AND COURTS — arbitrator — bias — contact with one party — whether misconduct — approach to application for leave to appeal — held: Open to interpretation adopted by single judge — leave refused. WORDS AND PHRASES — "misconduct".
ARBITRATION — commercial arbitration — leave to appeal — proper approach of Court of Appeal to — contract between the State and agencies and contractor for construction of large tunnel 10.5 kms long — overrun of costs when contractor strikes ground containing soft bedding requiring increased supports — claim by contractor for increased costs of constructing tunnel referred to arbitration arbitrator enters award in favour of contractor — State applies to Supreme Court alternatively for (a) leave to appeal and order remitting for further consideration defences raised in the arbitration proceedings, or (b) an order removing ie arbitrator for alleged misconduct involving bias — in Commercial Division, Rolfe J refuses removal of arbitrator, refuses leave on most points, but upholds two points reducing arbitrator's award accordingly — upon summons for leave to appeal further to the Court of Appeal pursuant to Supreme Court Act 1970, s101(2)(i)
ARBITRATION — misconduct — alleged contact by arbitrator with one party and not another — interpretation of conduct — whether the conduct was such as might cause a reasonable observer to suspect bias on the part of the arbitrator — whether alternative interpretation available to the primary judge reviewing the complaint — whether leave to appeal should be granted by the Court of Appeal
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