|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  ACTSC 188
Supreme Court of the Australian Capital Territory
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.