Ku-ring-gai Council v Ichor Constructions Pty Ltd [2019] NSWCA 2

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ku-ring-gai Council v Ichor Constructions Pty Ltd [2019] NSWCA 2 Hearing dates: 13 September 2018 Date of orders: 05 February 2019 Decision date: 05 February 2019 Before: Bathurst CJ at [1]; Beazley P at [87] Ward CJ in Eq at [88] Decision: (1) Dismiss the application for leave to appeal as incompetent.

(2) Order the applicant to pay the respondent's costs of the application, including the costs of the objection to competency. Catchwords: COMMERCIAL ARBITRATION – Role of court – Commercial Arbitration Act 2010 (NSW) – judge of the Supreme Court dismissed summons seeking declarations that mandate of arbitrator had not been terminated – whether summons sought an "interim measure" under s 17J or was a request for a decision under s 14(2)

COMMERCIAL ARBITRATION – Role of court – Commercial Arbitration Act 2010 (NSW) – applicant sought to appeal from decision of judge of the Supreme Court made under s 14(2) – whether appeal to the Court of Appeal precluded by s 14(3) Legislation Cited: Commercial Arbitration Act 2010 (NSW) Housing Act 1958 (Vic) International Arbitration Act 1974 (Cth) Supreme Court Act 1970 (NSW) Cases Cited: Achilleos v Housing Commission [1960] VR 164 Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd [1993] AC 334 Sino Dragon Trading Ltd v Noble Resources International Pte Ltd (2015) 246 FCR 479; [2015] FCA 1028 Swift-Fortune Ltd v Magnifica Marine SA [2006] SGCA 42 Texts Cited: UNCITRAL, 2012 Digest of Case Law on the Model Law on International Commercial Arbitration (2012) Category: Principal judgment Parties: Ku-ring-gai Council (applicant) Ichor Constructions Pty Ltd (respondent) Representation: Counsel: C Birch SC with B Debuse (applicant) S Robertson with L Corbett (respondent)