Stillorgan Orchard Ltd v McLoughlin and Harvey Ltd

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 01 January 1978
• Date: 01 January 1978

(H.C.)

(H.C.)

Childers Heights Housing Ltd

and

Molderings

Stillorgan Orchard Ltd

and

McLoughlin and Harvey Ltd

Whether established -Whether objection made to arbitrator's conduct at time of arbitration - Whether parties entitled to complain later - Whether arbitrator took all matters between parties into account - Whether court would exercise discretion to extend leave for appealing to court - Rules of the Superior Courts, 1962 (S.I. No. 72), O. 56 r. 4.

Question of law - Refusal of arbitrator to state case - Building contract - Dispute referred to arbitration - Award -Application for an order to set aside award -Arbitrator refusing to state a case - Whether misconduct - Arbitration Act, 1954 (No. 26), ss.35(1), 36(1), 38(1).

The defendants engaged the plaintiff to build a dwelling house for them. Following disputes between the parties certain issues were referred for determination by an arbitrator who paid two visits to the site, on one occasion, at her own request, unaccompanied. The arbitrator made her award, which was taken up by the plaintiff two days later and sent to the defendants. After the defendants indicated their dissatisfaction with the award they sought by notice of motion, an order pursuant to 0.56 r. 4 of the Rules of the Superior Courts, 1962, extending the time within which they...