STATE OF VICTORIA V SEAL ROCKS VICTORIA [2001] VSC 76
Supreme Court of Victoria – 23 March 2001
FACTS
The State had entered into a contract with Seal Rocks to design, construct, operate and maintain tourist amenities on Phillip Island.
Some disputes arose between the parties and they referred the dispute to arbitration as required by the arbitration clause in the contract.
The State claimed that certain documents should not be produced or disclosed to Seal Rocks as they were protected by public interest immunity. Seal Rocks disputed this claim and the Arbitrator heard evidence and submissions on this matter and then determined that the documents should be produced and disclosed to Seal Rocks.
The State sought a declaration that the documents were protected by the public interest immunity and sought orders that the determination of the arbitrator be set aside.
ISSUES
Was the determination made by the Arbitrator an interim award that could be reviewed by the Court?
Did the Court have a general power to supervise arbitrations and make interlocutory orders?
FINDING
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