Tesseract International Pty Ltd v. Pascale Construction Pty Ltd
Case No.
Case no A9/2023
Case Information
Lower Court Judgment
21/10/2022 Supreme Court of South Australia (Livesey P, Doyle & Bleby JJA)
Catchwords
Arbitration – Arbitral proceedings – Powers and duties of arbitrator – Where respondent subcontracted with applicant – Where applicant agreed to provide engineering consultancy services to respondent in relation to design and construction of warehouse – Where, under contract, if dispute between applicant and respondent arose, dispute could be submitted to arbitration – Where dispute arose where respondent alleged applicant breached various terms of contract, breached duty of care in negligence and involved in misleading or deceptive conduct in contravention of s 18 of Australian Consumer Law – Where applicant denied allegations, but pleaded in alternative that any damages payable should be reduced by reason of proportionate liability provisions under Part 3 of Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) and Part VIA of Competition and Consumer Act 2010 (Cth) (collectively "proportionate liability regimes") – Whether proportionate liability regimes amenable to arbitration – Whether s 28 of Commercial Arbitration Act 2011 (SA) empowers arbitrator to apply proportionate liability regimes, or whether terms of legislation preclude arbitrator from doing so – Whether implied power conferred on arbitrator to determine parties' dispute empowers arbitrator to apply proportionate liability regimes, or whether terms of legislation preclude arbitrator from doing so.
Documents*
19/05//2023 Hearing (SLA, Canberra by video-connection)
31/05/2023 Notice of appeal
07/07/2023 Written submissions (Appellant)
07/07/2023 Chronology (Appellant)
04/08/2023 Written submissions (Respondent)
18/08/2023 Written submissions (Australian Centre for International Commercial Arbitration (ACICA), seeking leave to intervene)
25/08/2023 Reply
15/11/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
15/11/2023 Outline of oral argument (Appellant)
15/11/2023 Outline of oral argument (Respondent)