Adapt Constructions Pty Ltd v Whittaker (ACTSC) - commercial arbitration - building contract - no error in arbitrator’s award - leave to appeal refused |
Summaries With Link (Five Minute Read) |
Adapt Constructions Pty Ltd v Whittaker [2015] ACTSC 188 Supreme Court of the Australian Capital Territory Burns J Commercial arbitration - building contract - appellant was builder - respondents were owners of property - parties signed building contract engaging appellant to build home - disputes arose concerning allegation by builder that owners had denied it payment, and respondents’ allegations that building work defective - arbitrator made findings in favour of owners, ordering builder to pay amount to owners and costs - builder sought leave to appeal from orders - builder contended arbitrator denied it procedural fairness and erred in assessment of damages - s38 Commercial Arbitration Act 1986 (ACT) - held: appellant did not demonstrate any manifest error on the face of award or strong evidence that arbitrator made error of law - leave to appeal refused. Adapt
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