Federal Court of Australia
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[Re ea a TORE OO meee date
' CATCHWORDS
i TRADE PRACTICES ~ Application to strike out statement of claim
; - allegation that the respondents acted in concert to hinder or
| prevent the supply of services from third respondent to applicant
in contravention of s. 45D of the Trade Practices Act - whether "services" being suppiied by the third respondent - whether first respondent and second respondent, as employees of the third respondent, are independant from the third respondent — whether respondents "hindered" or "prevented" =~ whether applicant suffered loss or
damage — general principles governing strike out applications,
TRADE PRACTICES -—- application to stay proceedings ~ whether there is a "matter" capable of settlement by arbitration under para.7(2) (b) of the Arbitration (Foreign Awards' and Agreements) Act 1974,
Trade Practices' Act 1974 s, 45D
Arbitration (Foreign Awards' and Agreements ) Act 1974 ss.4, 7.
WHITE INDUSTRIES LIMITED v. J.D. TRAMMELL and Ors.
No. G 285 Of 1983. .
LOCKHART, J, 21 DECEMBER, 1983, SYDNEY.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
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GENERAL DIVISTON.
BETWEEN :
ORDER
JUDGE MAKING ORDER z Lockhart d.
DATE OF ORDER
WHERE MADE Sydney
No.G285 of 1983
WHITE INDUSTRIES LIMITED
Applicant J.D. TRAMMEL
First Respondent J.0. KELLEY
Second Respondent DRAVO CORPORATION
Third Respondent
TOMAGO ALUMINIUM COMPANY PTY. LIMITED
Fourth Respondent
21 December 1983
THE ORDERS OF THE COURT ARE AS FOLLOWS :~
\ (1) Order pursuant to s.
7 or the Arbitration (Foreian
Awards and Agreements) Act 1974 (Cth.):-
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De i ale ht lee ahd ee Hl Ht ee an Lil Rear th ln en tt i et tlh a inet aes ee et eel
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(2)
2.
(a) That so much of the proceeding in this Court as involves the matters alleged in paras. 35, 48, 49, 62, 63, 75 and 76 of the statement of claim be stayed upon the condition that such stay may be terminated upon application made by the applicant in the event that the respondents do not do all things necessary to be done on their part to have the matters referred to hereunder determined in accordance with the arbitration agreements between the parties with reasonable expedition; and
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