Courts / Galway / Report
High Court refuses to set aside arbitrator's award
Summary
In a 2015 High Court decision, Mr Justice Paul Gilligan dismissed a bid by property developers John and Ann Hickey to overturn an arbitrator's award of €101,000 to Ms Mary Delargy. The award arose from defects in a property at Garrai Glass, Ballydavid South, Athenry, which Ms Delargy purchased for €550,000 in 2008. After taking possession in 2009, she discovered insulation, ventilation and dampness problems and brought a claim for damages. The dispute was referred to arbitration in 2011, where the Hickeys' defence was struck out for failing to comply with a discovery order. In October 2014 the arbitrator awarded €101,000 to Ms Delargy. The Hickeys argued the contract's defect clause was deleted and the arbitrator lacked jurisdiction over major defects, but the court found no reason to set aside the award, noting the Hickeys had effectively walked away from the arbitration process and forfeited their right to challenge the final decision.
Who, what, where, when and why
What: Report matter: High Court refuses to set aside arbitrator's award. Procedural stage: hearing_or_decision
When:
- October 2014 Hearing Or Sentence
- 2015-06-24 Publication
Why: The judge said because the Hickeys had "walked away" from the arbitration process they had lost the right to challenge the arbitrator's findings and seek to have his award set aside or referred back. CNI source report
Places mentioned
- The High Court
- High Court
Topics
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