MINISTER FOR INDUSTRIAL AFFAIRS v CIVIL TECH PTY LTD No. SCGRG-96-2293 Judgment No. 6298 Number of pages - 14 Arbitration - the award (1997) 69 SASR 348

(1997) 69 SASR 348; [1997] SASC 6298

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Catchwords

1. Arbitration
2. › Commercial arbitration
3. › Appeal from arbitral award
4. › Leave to appeal
5. › Refusal of leave by single judge
6. › Whether further appeal to Full Court competent
7. › Whether applicant's rights exhausted
8. › Commercial Arbitration Act 1986 (SA), ss 28, 38
1. Arbitration
2. › Commercial arbitration
3. › Uniform national legislation
4. › Interpretation of uniform provisions
5. › Whether intermediate appellate court should follow decision of another State's Full Court
6. › Whether decision plainly wrong
1. Appeal
2. › Competency of appeal
3. › Interlocutory orders
4. › Leave to appeal from refusal of leave
5. › Whether statute excludes ordinary appellate procedures
6. › Supreme Court Act 1935 (SA), s 50

Quick Take

A party refused leave to appeal from an arbitral award by a single judge under s 38(4)(b) of the Commercial Arbitration Act 1986 (SA) may apply to the Full Court for leave to appeal from that refusal, in accordance with the ordinary appellate procedures under s 50 of the Supreme Court Act 1935 (SA) and R 94 of the Supreme Court Rules. The 1992 amendments removing former ss 38(6) and (7) did not impliedly exclude the ordinary right of appeal. The WA Full Court decision in Aintree Holdings v Corderoy is not followed in South Australia.