CREWFORD PTY LTD V TRANSIT AUSTRALIA PTY LTD (1999)
APPEAL 5600 OF 1998
Court of Appeal of Queensland – 23 March 1999
FACTS
Transit and Crewford were involved in an arbitration for the determination of what compensation should be paid to Crewford for loss of bus services. The arbitrator awarded costs to Crewford. Transit appealed to the Court on the costs order.
The Commercial Arbitration Act 1990 in section 38(3) provided that leave to appeal an arbitration decision would only be granted if the appeal would substantially effect the rights of the parties and there was an obvious error of law in the decision of there was strong evidence that the arbitrator made an error of law and determination of the question would add to the certainty of the law.
ISSUE
Should leave to appeal be granted to Transit to challenge the costs order?
FINDING
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