Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Electra Air Conditioning BV v Seeley International Pty Ltd ACN 054 687 035 [2008] FCAFC 169
PRACTICE AND PROCEDURE – application for leave to appeal and appeal – exclusive distribution agreement existing between parties outlined arbitration as means of dispute resolution – respondent sought an order that the proceeding be stayed – primary judge held that agreement as to arbitration did not empower party to apply to an arbitrator for a declaration or injunction but rather empowered the party to apply to a court for that relief – leave to appeal refused. TRADE PRACTICES – interpretation of exclusive distribution agreement – appellant was obliged to accept purchase orders from respondent – credit insurance could not be obtained as required – whether appellant was required to accept purchase orders regardless of insufficient credit insurance being available – held primary judge was correct in finding no ambiguity in agreement regarding requirement for appellant to accept purchase orders – appeal dismissed. Commercial Arbitration Act 1984 (Vic) s 33, s 53(1) Federal Court of Australia Act 1976 (Cth) s 31A International Arbitration Act 1974 (Cth) s 7, s 16, s 18, Schedule 2 Trade Practices Act 1974 (Cth)s 52, s 87 Institute of Arbitrators and Mediators Arbitration Rules 2007 Construction, Forestry, Mining and Energy Union v The Australian Industrial Relations Commission (2001) 203 CLR 645 referred to Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 referred to General Steel Industries Inc v Commissioner for Railways (New South Wales) (1964) 112 CLR 125 cited Government Insurance Office of New South Wales v Atkinson-Leighton Joint Venture (1981) 146 CLR 206 referred to IBM Australia Ltd v National Distributions Services Ltd (1991) 22 NSWLR 466 cited Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd (2008) 167 FCR 372 referred to Premium Nafta Products Ltd v Fiji Shipping Co Ltd [2007] 4 All ER 951 cited Rolls and Son (Produce) Ltd v J Alastair McGregor & Co Pty Ltd (1973) 6 SASR 358referred to Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd [2005] FCA 1102 cited ELECTRA AIR CONDITIONING BV v SEELEY INTERNATIONAL PTY LTD ACN 054 687 035
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