ABB Service Pty Ltd v Pyrmont Light Rail Company Ltd [2010] NSWSC 831

Reported Decision : 77 NSWLR 321

New South Wales Supreme Court

CITATION : ABB Service Pty Ltd v Pyrmont Light Rail Company Ltd [2010] NSWSC 831

HEARING DATE(S) : 16 June 2010

JUDGMENT DATE : 30 July 2010

JURISDICTION : Equity

JUDGMENT OF : Ward J

DECISION : Question for determination answered in the negative. The order made by the Arbitrator on 1 March 2010, expressed to be made pursuant to section 30 of the Commercial Arbitration Act 1984 (NSW), was not made ultra vires but was within the Arbitrator's continuing jurisdiction (the Arbitrator not being functus officio at that time) and accordingly binds the parties.

CATCHWORDS : COMMERCIAL ARBITRATION - question for separate determination - whether order amending earlier costs order made by arbitrator was ultra vires - whether arbitrator functus officio when amending order made - whether slip rule under s 30 of the Commercial Arbitration Act 1984 enlivened - consideration of objective intention of arbitrator when original order made - whether power of correction validly exercised - HELD - arbitrator did not have power to make original costs order and accordingly was not functus officio when second costs order adopting and amending original order was made - question posed for determination answered in negative

Arbitration Act 1889 (UK) Arbitration Act 1950 (UK) Civil Procedure Act 2005 (NSW) Commercial Arbitration Bill 2010 (NSW) Commercial Arbitration Act 2010 (NSW) LEGISLATION CITED : Commercial Arbitration Act 1984 (NSW) Commercial Arbitration Act 1990 (QLD) Corporations Act 2001 (Cth) Judicature Amendment Act 1972 (NZ) Legal Profession Act 2004 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW)