Palm Bridge Pty Ltd v Miles & Anor

[2001] WASCA 334

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appeal from single judge
3. › Costs of arbitration
4. › Whether single judge overlooked material considerations
5. › Whether question of costs should have been remitted to arbitrator rather than decided by single judge
1. Arbitration
2. › Commercial arbitration
3. › Costs of arbitration
4. › Arbitrator's discretion concerning award of costs
5. › Identification of successful party where dispute involved claims and cross-claims
6. › Where respondent advanced claims which need not have been the subject of arbitration proceedings
7. › Commercial Arbitration Act 1985 (WA), s 38(5)(b)(i)
1. Practice and Procedure
2. › Costs
3. › Costs follow the event
4. › Building contract dispute
5. › Identification of successful party
6. › Where claims and cross-claims both partially successful
7. › Relevance of party's conduct in advancing claims not previously raised

Quick Take

Where an appellate court finds that an arbitrator has erred in principle in exercising a costs discretion, the appropriate course is ordinarily to remit the costs question to the arbitrator rather than decide it afresh, particularly where the arbitrator has painstakingly considered each claim and observed the conduct of the arbitration. A party's failure to raise claims for time extensions and variation costs during the normal course of contract administration, resulting in those claims being advanced for the first time in arbitration proceedings, is a material consideration in the exercise of the costs discretion.