Gordian Runoff Limited v Westport Insurance Corporation [2010] NSWCA 57

Appeal Outcome: Special leave granted on limited grounds by the High Court. Referred to an enlarged Court on limited grounds, 3 September 2010, (S113/2010)

New South Wales Court of Appeal

CITATION: Gordian Runoff Limited v Westport Insurance Corporation [2010] NSWCA 57

HEARING DATE(S): 4 & 5 November 2009

JUDGMENT DATE: 1 April 2010

JUDGMENT OF: Spigelman CJ at 1; Allsop P at 2; Macfarlan JA at 305

1. Grant leave to appeal from the orders of the Equity Division made and entered on 23 April 2009 and order the appellant to file a notice of appeal within 7 days. 2. Allow the appeal. 3. Set aside the said orders of the Equity Division and in lieu thereof: DECISION: (a) Order that leave to appeal in respect of the award dated 10 October 2008 given by F Hoffmann, G E Fitzgerald and I Brown be refused. (b) Order that the applicants pay the costs of the respondent of the application for leave and of all the matters argued concurrently in the Commercial List. 4. The respondents pay the appellant's costs of the application for leave to appeal and of the appeal. 5. Cross appeal dismissed with costs.

CATCHWORDS: ARBITRATION – practice and procedure – leave to appeal – whether application for leave to appeal and the appeal should have been heard concurrently - ARBITRATION – the award – appeal or judicial review – s 38 Commercial Arbitration Act 1984 (NSW) – meaning of the phrases "manifest error on the face of the award" and "strong evidence of an error of law" - ARBITRATION – the award –adequacy of arbitrators' reasons – standard of reasons required by an arbitrator not equivalent to that of a judge - INSURANCE – the Insurance Act 1902 (NSW) s 18B – meaning and operation