| InfraShore Pty Ltd v Health Administration Corporation (NSWSC) - commercial arbitration - contract - referral of dispute to arbitration refused |
| Saville v Hallmarc Constructions Pty Ltd (VSCA) - stay - security of payments - stay of costs orders granted |
| Summaries With Link (Five Minute Read) |
InfraShore Pty Ltd v Health Administration Corporation [2015] NSWSC 736
Supreme Court of New South Wales
Hammerschlag J
Commercial arbitration - contract - defendant sought order that proceedings be referred to arbitration pursuant to s8 Commercial Arbitration Act 2010 (NSW) (the Act) and order that proceedings be stayed - whether action was matter subject of arbitration agreement - construction of contract - held: there was no agreement for referral of present dispute to arbitration to which s8 could attach - arbitration agreement was not operative in relation to dispute - motion dismissed.
InfraShore
|
Saville v Hallmarc Constructions Pty Ltd [2015] VSCA 144
Court of Appeal of Victoria
Tate & McLeish JJA
Stay - costs - applicant sought stay of costs orders until determination of his appeal in proceeding brought by respondent arising under Building and Construction Industry Security of Payment Act 2002 - r66.16 Supreme Court (General Civil Procedure) Rules 2005 - held: applicant and business in serious financial difficulty - there was risk that if stay not granted business run by applicant might not recover - respondent would not be prejudiced if stay granted - appeal raised issues of substance - special and exceptional circumstances justifying stay - stay granted.
Saville
|
