Barry Smith Grains Pty Limited (in liquidation) v Riordan Group Pty Limited [2010] NSWSC 1072

New South Wales Supreme Court

CITATION : Barry Smith Grains Pty Limited (in liquidation) v Riordan Group Pty Limited [2010] NSWSC 1072

HEARING DATE(S) : 15/09/10

JUDGMENT DATE : 17 September 2010

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : The plaintiff's application for leave to appeal is allowed. The defendant's application for an extension of time to apply for leave to appeal is dismissed.

CATCHWORDS : Arbitration - Judicial supervision/review - Discussion of relevant principles - Gordian Run-off Pty Ltd v Westernport Insurance Corporation (2010) 267 ALR 74 applied - Whether the plaintiff should be granted leave to appeal a question of law arising out of the award under s 38(4)(b) of the Commercial Arbitration Act 1984 - Whether the determination of the question of law sought to be appealed by the plaintiff could substantially affect the rights of one or more of the parties within the meaning of s 38(5)(a) of the Act - Whether the award discloses a manifest error of law on its face within the meaning of s 38(5)(b)(i) of the Act - Whether the defendant should be granted an extension of time to apply for leave to appeal - Technical Team Projects v Noble Dunn (1990) 20 NSWLR 221 applied

LEGISLATION CITED : Commercial Arbitration Act 1984 Corporations Act 2001

CATEGORY : Procedural and other rulings

Doran Constructions Pty Ltd v Health Administration Corporation of New South Wales (1994) 12 BCL 59 Gordian Run-off Pty Ltd v Westernport Insurance Corporation (2010) 267 ALR 74 CASES CITED : Gye v McIntyre (1991) 171 CLR 609 Lloyds Bank NZA Ltd v National Safety Council of Australia Victorian Division (in Liq.) (1993) 10 ACSR 572 Technical Team Projects v Noble Dunn (1990) 20 NSWLR 221