COMET CONSTRUCTION CO., LTD. vs. TEMA DEVELOPMENT CORPORATION

JUDGMENT OF HAYFRON-BENJAMIN J. The arbitrator by his award dated 14 October 1964 dismissed the claim of the company and partly allowed the claim by the corporation. On 18 January 1965 the Solicitor-General acting for the corporation filed a motion for the enforcement of the award. On 2 February 1965, the company by its solicitor also filed a motion on notice asking for an extension of time and an order setting aside the award under section 26 of the Arbitration Act, 1962,1 and Order 64, r. 13 of the Supreme [High] Court (Civil Procedure) Rules, 1954.2 The application for extension of time was not opposed, and in view of the facts deposed to in the affidavit in support of the application, I exercised my discretion and extended the time. At the same time I stayed further proceedings on the motion to enforce the award until the hearing and determination of the application to set aside. The grounds relied on by the company in their application are that the arbitrator was guilty of misco...