Mulgrave Central Mill Co Ltd v Hagglunds Drives P/L & Anor [2001] QCA 471
[2001] QCA 471
Court of Appeal (Qld)|2001-11-02|Before: McPherson and Thomas JJA, Jones JSeparate reasons for judgment of each, member of the Court, each concurring as to the order made
McPherson and Thomas JJA, Jones JSeparate reasons for judgment of each, member of the Court, each concurring as to the order made
Catchwords
ARBITRATION – ARBITRATION CLAUSES - CONSTRUCTION OF ARBITRATION
CLAUSE – CONSTRUCTION OF SUBMISSION OR REFERENCE –
whether relevant
dispute resolution clause in a contract was an ‘arbitration
Source
Original judgment source is linked above.
Catchwords
ARBITRATION – ARBITRATION CLAUSES - CONSTRUCTION OF ARBITRATIONCLAUSE – CONSTRUCTION OF SUBMISSION OR REFERENCE –whether relevantdispute resolution clause in a contract was an ‘arbitrationagreement’ under s 53 Commercial Arbitration Act 1990 –whether parties had agreed to refer matters to arbitration - where in the eventof a dispute parties had to delivera notice of dispute – where partiesthen had to attempt to resolve dispute within a prescribed time – whereparties thengiven an option to “refer such dispute to arbitration orlitigation” – where respondent opted for litigation andappellantsopted for arbitration – whether clause created equal rights of referenceto arbitration or litigation – PMT PartnersdistinguishedARBITRATION – STAY OF PROCEEDINGS – ORDEROR REFUSAL TO STAY – PARTICULAR CASES IN WHICH STAY REFUSED –whethertrial judge ought to have stayed proceedings – where proceedingsshould only be stayed for good cause – inclusion of
party not bound by any
arbitration agreement – whether court has power to stay court proceedings
against that party –
court control over multiplicity of proceedings and
possibility of inconsistent findings - where evidence strongly favoured
determination
of proceedings in court – application for stay
dismissedCommercial Arbitration Act 1990 (Qld), s 4, s 47, s 53,
s 53(1)(a), s 53(1)(b), s 53(3)Commercial Arbitration Act 1985 (NT),
s 48Trade Practices Act 1974 (Cth)ABB Power Plants Ltd v
Electricity Commission of NSW t/as Pacific Power (1995) 35 NSWLR 596,
consideredAlto Constructions Pty Ltd v University of NSW SC (NSW) No
2549 of 1995, 15 December 1995, citedBulk Oil (zug) A-G v Trans-Asiatic
Oil Ltd SA [1973] 1 Lloyd’s Rep 129, citedCanas Property Co Ltd
v K L Television Services Ltd [1970] 2 QB 433, citedHeller Financial
Services Ltd v Thiess Contractors Pty Ltd [2000] FCA 802,
citedEastern Metropolitan Regional Council v Four Seasons Construction
Anthony & Sons Pty Ltd (Unreported, 30 June 1999) consideredPMT
Partners Pty Ltd v Australian National Parks & Wildlife Service (1995)
184 CLR 302, distinguishedManningham City Council v Dura (Australia)
Constructions [1999] VSCA 158
[1999] 3 VR 13, consideredTaunton-Collins v Cromie
[1964] 1 WLR 633, citedTylors Australia Ltd v Macgroarty [1928]
St R Qd 170, cited
Judgment (15 paragraphs)
[1]
ARBITRATION - ARBITRATION CLAUSES - CONSTRUCTION OF ARBITRATION CLAUSE - CONSTRUCTION OF SUBMISSION OR REFERENCE - whether relevant dispute resolution clause in a contract was an 'arbitration agreement' under s 53 Commercial Arbitration Act 1990 - whether parties had agreed to refer matters to arbitration - where in the event of a dispute parties had to deliver a notice of dispute - where parties then had to attempt to resolve dispute within a prescribed time - where parties then given an option to "refer such dispute to arbitration or litigation" - where respondent opted for litigation and appellants opted for arbitration - whether clause created equal rights of reference to arbitration or litigation - PMT Partners distinguished
[2]
ARBITRATION - STAY OF PROCEEDINGS - ORDER OR REFUSAL TO STAY - PARTICULAR CASES IN WHICH STAY REFUSED - whether trial judge ought to have stayed proceedings - where proceedings should only be stayed for good cause - inclusion of party not bound by any arbitration agreement - whether court has power to stay court proceedings against that party - court control over multiplicity of proceedings and possibility of inconsistent findings - where evidence strongly favoured determination of proceedings in court - application for stay dismissed
[3]
Commercial Arbitration Act 1990 (Qld), s 4, s 47, s 53, s 53(1)(a), s 53(1)(b), s 53(3)