KINSELA v ROBINJUR PTY LTD [1998] NSWCA 124

KINSELA v ROBINJUR PTY LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER and POWELL JJA and BROWNIE AJA 16 April 1997, 18 February 1998

[1998] NSWCA 124

Agriculture — Agricultural holding — Tenancy — Share farming agreement — Termination — Compensation — For improvements — Temporary pasture — Value of — How calculated

Arbitration — Commercial Arbitration — Award — Appeal — Leave to appeal — Error of law where "manifest error" on face of award — Principles applicable Discretionary power

Meagher JA I agree with Powell JA.

Powell JA This is an appeal by leave granted by this Court on 6 March 1995 from a Judgment delivered, and Orders made, by Ireland J on 3 February 1995. On that day his Honour dismissed with costs the Summons which had been filed by the Appellant ("Mr Kinsela") seeking leave to appeal from the determination, by way of award, of an Agricultural Committee which had been established pursuant to the provisions of Division 5 of PtIII of the Agricultural Holdings Act 1941 ("the Act") for the purpose of dealing with a claim for compensation which had been made by Mr Kinsela upon the termination of a share farming agreement which had earlier been made between him and the Respondent ("Robinjur"). That agreement related to a property at Canowindra which was owned by Robinjur and was known as "Cucumber".

Put in its most general form, the question for determination upon the appeal is whether Ireland J erred when he held that leave to appeal should be refused upon the grounds, first, that the Arbitration Committee had not fallen into error (AB 149), and that, in any event, the question sought to be raised on the proposed appeal was not one which might, or might be likely to, add substantially to the certainty of commercial law (see Commercial Arbitration Act 1984 ("the Arbitration Act') s38(5)).