ADISI vs. CONSTRUCTION FURNITURE (W.A.) CO. LTD.

JUDGMENT OF OLLENNU J. The plaintiff and defendant had a dispute over certain contracts entered into by them. They agreed to submit their said dispute to a sole arbitrator. The arbitrator having heard the case, published his award on the 3rd October, 1961. The award was against the applicant, the plaintiff in this case who has applied to the court under Order 64, rule 13, of the Supreme [High] Court (Civil Procedure) Rules, 1954 to set aside the award on the following grounds: (1) misconduct on the part of the arbitrator, and (2) error in law on the face of the award. The misconduct alleged is that the arbitrator employed a recorder who was an employee of the defendant-company and by reason of interest the said recorder did not record the proceedings in questions and answers, but merely recorded the gist of what she thought the answer was, to the advantage of her employers. It appears in paragraph 5 of the applicant’s affidavit in support of the application that at an earl.....