IN RE AN ARBITRATION BETWEEN MITCHELL AND BRASSEY

[1939] VLR 371·Supreme Court of Victoria
[1939] VLR 371
1939 VLR 371
IN RE AN ARBITRATION BETWEEN MITCHELL AND BRASSEY Supreme Court of Victoria
MANN C.J. 27 June 1939 ArbitrationBuilding contractCertificate of practical completionDisputeReference to arbitrationWhether arbitrators may determine whether works practically completed .

A building contract contained a clause providing for the submission to arbitration of any dispute as to the withholding by the architect of any certificate to which the builder claimed to be entitled. The contract also provided that, when in the opinion of the architect the works were practically completed, the builder should be entitled to receive, upon production of the architect’s certificate to that effect, a proportionate payment. Upon a dispute arising as to the withholding of a certificate of practical completion—

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[1939] VLR 371

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