[1988] VR 235
COSTAIN AUSTRALIA LTD v FREDERICK W NIELSEN PTY LTD
SUPREME COURT OF VICTORIA FULL COURT
MURRAY (1), GOBBO (1) and TADGELL JJ (1)
19, 26 June 1987
[1988] VR 235
Arbitration — Award — Appeal — Leave to appeal to Supreme Court refused — Leave to appeal from refusal also refused — Jurisdiction of Full Court to
entertain applications for leave to appeal — Commercial Arbitration Act 1984
(No. 10167), s38.
.
S38(2) and s38(4)(b) of the Commercial Arbitration Act 1984 provides that an
appeal shall lie to the Supreme Court, with the leave of that Court, on any
question of law arising out of an award. S38(6) provides that: "Unless the
Supreme Court gives leave, an appeal shall not lie to the Full Court of the
Supreme Court from a decision of the Supreme Court to grant or refuse leave
under subs(4)(b)."
A judge refused an application pursuant to s38(4)(b) for leave to appeal upon
a question of law arising out of an arbitral award, and also refused an
application made pursuant to s38(6) for leave to appeal to the Full Court
against his earlier refusal to grant leave to appeal. The applicant applied to
the Full Court for leave to appeal against (a) the refusal to grant leave to
appeal against the award, and (b) the refusal to grant leave to appeal to the
Full Court.
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[1988] VR 235
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