NSW Caselaw
New South Wales Supreme Court
CITATION : Fairyglen v Lunsmann & Anor [2003] NSWSC 696 HEARING DATE(S) : 15 July 2003, 23 July 2003 JUDGMENT DATE : 31 July 2003 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : The Summons is dismissed. The plaintiff is to pay the costs of the Summons. The Exhibits may be returned.
CATCHWORDS : Leave to appeal from an arbitrator - manifest error of law on the face of the award - strong evidence of error of law - substantial addition to the certainty of commercial law. Agricultural Holdings Act 1941. LEGISLATION CITED : Agricultural Tenancies Act 1990. Commercial Arbitration Act 1984, s 38, s 38 (2) and (4), s 38 (5), s 38 (5) (b) (i) and (ii), s 40. CASES CITED : Promenade Investments Pty Ltd v State of New South Wales (1992) 26 NSWLR 203. Fairyglen Pty Ltd (Plaintiff) PARTIES : v June Lunsmann (First Defendant) Ian Sell (Second Defendant) FILE NUMBER(S) : SC 13464 of 2001 Mr I Young/C M Morris (Plaintiff) COUNSEL : Mr I E Davidson/Mr C G Catt (First Defendant) N/A (Second Defendant) Andrew Boog (Plaintiff) SOLICITORS : Paul L Henke & Co (First Defendant) I V Knight - Crown Solicitor - Submitting Appearance (Second Defendant)
LOWER COURT Arbitration JURISDICTION : LOWER COURT N/A FILE NUMBER(S) : LOWER COURT Ian Sell, Sole Arbitrator JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Master Malpass
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