Brecon v Ripa [2004] NSWSC 838

New South Wales Supreme Court

CITATION : Brecon v Ripa [2004] NSWSC 838 HEARING DATE(S) : 26/08/2004 JUDGMENT DATE : 10 September 2004 JURISDICTION: Technology & Construction List JUDGMENT OF : Master Macready at 1 DECISION :

CATCHWORDS : Arbitration. Conduct of Arbitration proceedings. Arbitrator decides major claim on a basis not put or pleaded by the parties. Award set aside and matter remitted for further consideration. PARTIES : Brecon Builders Pty Ltd v Ripa Steel Fabrications Pty Ltd FILE NUMBER(S) : SC 55025/2004 COUNSEL : Mr G.A Sirtes for plaintiff Mr M. Sahade for defendant SOLICITORS : Breene Conti for plaintiff Costa & Associates for defendant

- 1- IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY & CONSTRUCTION LIST

Master Macready

Friday, 10 September 2004

55025/04 Brecon Builders Pty Ltd v Ripa Steel Fabrications Pty Ltd JUDGMENT 1 Master: This is the hearing of a summons in which the plaintiff seeks an order setting aside the final award of an arbitrator Mr Peer Dalland made on 17 March 2004, on the ground of misconduct pursuant to s 42(1) of the Commercial Arbitration Act 1984 (NSW). In the alternative, the plaintiff seeks an order for leave to appeal against the award and an order setting aside the award, on the ground that it contains a manifest error of law on the face of the award. Background to the arbitration 2 The Plaintiff is a builder that specialises in the concrete construction of factory and industrial complexes.

3 In May 2002, the plaintiff entered into a sub-contract agreement with the defendant Ripa Steel Fabrications Pty Ltd to design, fabricate, deliver and erect structural steel work for a warehouse development being constructed by the plaintiff at 205 – 215 Port Hacking Road, Miranda. The project involved the construction of five concrete tilt buildings housing 37 factory units with mezzanine offices.