http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/632.html
ARBITRATION – award – enforcement of an arbitral award – arbitral award made by Beth Din in Zablo – summons seeking leave to enforce award – cross-summons seeking to set aside the award – failure to give reasons – credibility and reliability of witnesses – Beth Din of Zablo – whether Beth Din decision complied with the requirements of s 29(1)(c) – allegation of fraud – allegation of misconduct – whether plaintiff established that he was a party to Beth Din proceedings – problems with record keeping at Beth Din proceedings – notice and opportunity to be heard – Beth Din not conducted in accordance with written arbitration agreement – requirement of impartiality not met – bias established – use of Yiddish – proper attention not paid to defendant’s case – orders sought under s 43 of Commercial Arbitration Act 1984 cannot be made – orders – costs
EVIDENCE – leave sought by Mr Thaler to give evidence in reply – leave refused – ruling under s 136 of the Evidence Act in relation to Mr Koncepolski’s evidence sought – ruling refused
PROCEDURE – notice of motion – order seeking to set aside subpoena – motion dismissed
PROCEDURE – pleadings – leave to amend further amended cross-summons – leave granted