Mulgrave Central Mill Co Ltd v Hagglunds Drives P/L & Anor [2001] QCA 471

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

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

Commercial Arbitration Act 1990 (Qld), s 4, s 47, s 53, s 53(1)(a), s 53(1)(b), s 53(3)

Trade Practices Act 1974 (Cth)

ABB Power Plants Ltd v Electricity Commission of NSW t/as Pacific Power (1995) 35 NSWLR 596, considered

Alto Constructions Pty Ltd v University of NSW SC (NSW) No 2549 of 1995, 15 December 1995, cited

Bulk Oil (zug) A-G v Trans-Asiatic Oil Ltd SA [1973] 1 Lloyd's Rep 129, cited

Canas Property Co Ltd v K L Television Services Ltd [1970] 2 QB 433, cited

Heller Financial Services Ltd v Thiess Contractors Pty Ltd [2000] FCA 802, cited

Eastern Metropolitan Regional Council v Four Seasons Construction Pty Ltd [1999] WASCA 144, considered

KBRV Resort Operations Pty Ltd v Anthony & Sons Pty Ltd (Unreported, 30 June 1999) considered

PMT Partners Pty Ltd v Australian National Parks & Wildlife Service (1995) 184 CLR 302, distinguished

Manningham City Council v Dura (Australia) Constructions [1999] VSCA 158; [1999] 3 VR 13, considered

Taunton-Collins v Cromie [1964] 1 WLR 633, cited

Tylors Australia Ltd v Macgroarty [1928] St R Qd 170, cited