Elkateb v Lawindi [1999] NSWSC 720

New South Wales Supreme Court CITATION : Elkateb v Lawindi [1999] NSWSC 720 CURRENT JURISDICTION : Construction FILE NUMBER(S) : 55011/1999 HEARING DATE(S) : 11/06/99, 02/07/99 JUDGMENT DATE : 20 July 1999

M. Safwat Elkateb - Plaintiff PARTIES : Wasfy Lawindi - First Defendant Lloyd Austin - Second Defendant JUDGMENT OF : Rolfe J

COUNSEL : Mr J.D. Cummins QC/Mr R.E. Dubler - Plaintiff Mr L.G. Foster SC/Mr N.A. Nicholls - First Defendant SOLICITORS : Eddy & Moloney - Plaintiff Turner Freeman - First Defendant CATCHWORDS : Applications for leave to appeal from an interim arbitral award refused: principles stated in Promenade Investments Pty Limited v State of New South Wales (1991) 26 NSWLR 203 applied; Application to remove Arbitrator or to set aside Interim Award on ground of misconduct refused.; Necessity to take into account all the facts when considering such a claim: State of New South Wales v Coya (Constructions) Pty Limited (Rolfe J - 4 July 1994 - unreported) applied.; Meaning of "misconduct": Commonwealth of Australia v Cockatoo Dockyard Pty Limited (1995) 36 NSWLR 662 at p.673 applied. DECISION : Applications for leave to appeal from an interim arbitral award refused.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CONSTRUCTION LIST

ROLFE J

TUESDAY, 20 JULY 1999

55011/1999 - ELKATEB v LAWINDI & ANOR

JUDGMENT

HIS HONOUR:

Introduction 1 This is another round in a lengthy litigious bout between the plaintiff, Dr M.S. Elkateb, the first defendant, Mr W. Lawindi, and the second defendant, an Arbitrator, Mr L. Austin: Lawindi v Elkateb & Anor and Elkateb v Lawindi (Giles CJCommD - 11 July 1997 - unreported); Elkateb v Lawindi (1997) 42 NSWLR 396; Elkateb v Lawindi (Giles CJCommD - 8 May 1998 - unreported); Elkateb v Lawindi & Ors (Hunter J - 30 October 1998 - unreported); and Elkateb v Lawindi & Anor (Rolfe J - 18 December 1998 - unreported). There has been a lengthy arbitration before Mr Austin over the building dispute, which is central to the litigation, between Dr Elkateb and Mr Lawindi. A preliminary conference was held on 15 January 1997, and the arbitration continued for some ten days during 1998. Mr Austin delivered an Interim Award on 20 February 1999 in which he found that Dr Elkateb, who was the proprietor, should pay Mr Lawindi, who sued as an and on behalf of the builder, $41,888 and interest thereon from 24 June 1996 until the date of settlement, at the rate set forth in the building contract to which I shall refer.