Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd & Ors Thiess Contractors Pty Ltd v. Bond Corporation Pty Ltd [1988] FCA 1

PRACTICE AND PROCEDURE - construction contract - powers of

arbitrator - power to modify contractual rights - inability of court to do so =- injunction restraining respondent from proceeding

with arbitration varied.

Northern Regional Health Authority v Derek Crouch Construction Co.

Ltd [1984] 1 OB 644

Neale v Richardson [1983] 1 All ER 753

Robins v Goddard [1905] 1 KB 294

BOND CORPORATION PTY LTD v THIESS CONTRACTORS PTY LTD and OVE ARUP

PTY LTD, ARUP PARTNERS PTY LTD, and OVE ARUP CONSULTANTS PTY LTD THIESS CONTRACTORS PTY LTD v BOND CORPORATION PTY LTD

NO. WAG 114 of 1986

FRENCH J. bes

eal

4 TSANIYE

FEDERAL COURT AUSTRALIA. CF

PRINCIPAL REGISTRY

PERTH

20 January 1988

Meee inert See aD ore

; ae L F t

IN THE FEDERAL COURT

OF AUSTRALIA WESTERN AUSTRALIA

DISTRICT REGISTRY GENERAL DIVISION

NO. WAG 114 OF 1986 BETWEE N: BOND CORPORATION PTY LTD Applicant and THIESS CONTRACTORS PTY LTD First Respondent and OVE ARUP PTY LTD, ARUP PARTNERS PTY LTD AND OVE ARUP CONSULTANTS PTY LTD Second Respondents AND BETWEEN: THIESS CONTRACTORS PTY LTD Cross-Claimant and

BOND CORPORATION PTY LTD

Cross-Respondent MINUTE OF ORDER

JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 20 January 1988 WHERE MADE: PERTH

THE COURT ORDERS THAT:-

1. The first respondent have leave to discontinue its

cross-claim.

2. The order made on 24 February 1987 be varied so that the

first respondent, its servants and agents be restrained

2.

until judgment be given in the applicant's action herein or until earlier order from prosecuting beyond the completion of all preliminary or interlocutory matters an arbitration between the first respondent and the applicant in accordance with the notice of reference to arbitration served by the first respondent on 12

September 1986.

There will be liberty to any party to apply to further

vary or discharge this unjunction.