Federal Court of Australia
a 6+
PRACTICE AND PROCEDURE - Engineering construction dispute - application for stay of proceedings under s.86 of the Trade Practices Act 1974 pending determination of arbitration - application to restrain party from prosecuting arbitration - application to stay or dismiss claim - abuse of process = no reasonable cause of action frivolous and vexatious proceeding -
schedule of rates contract for road and earthworks for subdivision
- precontractual representations - alleged misleading and deceptive conduct - tort and breach of contract also alleged against construction engineer - consulting engineers as
co-defendants = construction engineer claims short payment -
refers claim to arbitration - power of court to stay proceedings pending arbitration - inherent power - application to Federal Court of s.53 Commercial Arbitration Act 1985 (WA) - direct
application - application by operation of s.79 Judiciary Act 1903 - principles regulating grant of stay - power to restrain party to arbitration ~- principles applicable - summary dismissal ~
principles applicable.
Trade Practices Act 1974 ss. 52, 82 Commercial Arbitration Act 1985 (WA)s.53 Judiciary Act 1903 s.79
Federal Court of Australia Act 1976 s.23 Federal Court Rules 0.20, 0.11
Huddart Parker Ltd v The Ship Mill Hill (1950) 81 CLR 502 G.W.J. Blackman & Co. SA v Oliver Davey Glass Co. Pty Ltd (1966) VR 570
ote . 2. W.C. Thomas & Sons Pty Ltd v Bunge (Australia) Pty Ltd [1975] VR » Halifax Overseas Freighters Ltd v Rasno Export ("The Pine Hill") (1958) 2 Lioyds Rep. 146
The Eschercheim (1974) 3 All ER 307
Tasmanian Pulp and Forest Holdings Ltd v Woodhall Ltd (1971) Tas. SR 330 ~
W. Bruce Ltd v J. Strong (1951) 2 KB 447
St. Justins Properties Pty Ltd v Rule Holdings Pty Ltd (1980) 40
FLR 282 Stack v Coast Securities (No. 9) Pty Ltd (1983) 154 CLR 261
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