Written Decision Issued by Judge Allan Mossop; Reasons for Dismissal A written judgment in an action by the Moller Line against Messrs. Bungo & Company, in which it was sought to set aside an arbitrator's award in a dispute between the two firms, was delivered by Judge Allan Mossop in H.M. Supreme Court yesterday. Counsel in the case, it Will be recalled, were Mr. Victor Priestwood for the plaintiffs, and Mr. John MeNeill for the defendants. The sum involved was about $15,000.
The judgment reads as follows:—At the conclusion of the hearing of this motion on Monday last I announced my decision that it must be dismissed, Having regard to the possibility of an appeal, however, and in fairness to all parties, I stated that I would write a short judgment setting out my reasons. This I now proceed io do.
It is clear that the authorities distinguish two classes of cases wherein disputes are referred to an arbitrator for his decision. The first is the case where a specific question of law is submitted to him. The second is the ease where matters in dispute are submitted in the decision of which a question of law becomes material, In the former class of case the Court cannot interfere with the arbitrator's decision, In the latter class of case the Court can interfere, if and when an error of law appears on the face of the award. That it is at times difficult to determine into which of the two classes a particular reference falls is, I think, shown by the reported cases.
Text read from the printed page and cleaned; old type leaves the occasional error.