Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Onslow Salt Pty Ltd v Buurabalayji Thalanyji Aboriginal Corporation [2018] FCAFC 118 Appeal from: Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd [2017] FCA 1240
File number(s): WAD 546 of 2017
Judge(s): BESANKO, BARKER AND COLVIN JJ
Date of judgment: 18 July 2018
Date of publication of reasons: 2 August 2018
Catchwords: PRACTICE AND PROCEDURE – where dispute resolution clause provided for independent advisory opinion to be obtained before commencing court proceedings – where proceedings commenced without joining in agreed process for advisory opinion – decision by primary judge to refuse stay of proceedings – appeal from refusal – whether non-binding nature of dispute resolution process relevant to discretion – whether trial judge formed view that dispute resolution clause did not apply to particular dispute – no error by primary judge in exercise of discretion – appeal dismissed
Legislation: Commercial Arbitration Act 2010 (Cth) Native Title Act 1993 (Cth)
Cases cited: Badgin Nominees Pty Ltd v Oneida Ltd [1998] VSC 188 BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd [2008] FCA 551 Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd [2017] FCA 1240 Computershare Ltd v Perpetual Registrars [2000] VSC 233 Dance With Mr D Ltd v Dirty Dancing Investments Pty Ltd [2009] NSWSC 332 Hancock Prospecting Pty Ltd v Rinehart [2017] FCAFC 170 Hooper Bailie Associated Ltd v Natcon Group Pty Ltd (1992) 28 NSWLR 194 House v The King [1936] HCA 40; (1936) 55 CLR 499 Huddart Parker Ltd v The Ship Mill Hill [1950] HCA 43; (1950) 81 CLR 502 Mineral Resources Ltd v Pilbara Minerals Ltd [2016] WASC 338 Raskin v Mediterranean Olives Estate Ltd [2017] VSC 94 Recyclers of Australia Pty Ltd v Hettinga Equipment Inc [2000] FCA 547; (2000) 100 FCR 420 Savcor Pty Ltd v State of New South Wales [2001] NSWSC 596; (2001) 52 NSWLR 587 Straits Exploration (Australia) Pty Ltd v Murchison United NL [2005] WASCA 241; (2005) 31 WAR 187 Zeke Services Pty Ltd v Traffic Technologies Ltd [2005] QSC 135; [2005] 2 Qd R 563
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