Hi-Fert Pty Ltd v United Shipping Adriatic Inc & Anor [1998] FCA 1426

IN THE FEDERAL COURT OF AUSTRALIA NG 1001 of 1998

NEW SOUTH WALES DISTRICT REGISTRY

BETWEEN: HI-FERT PTY LIMITED

Plaintiff

AND: UNITED SHIPPING ADRIATIC INC.

First Defendant

and: Marine cargo care pty limited

Second Defendant

JUDGE: EMMETT J

DATE of order: 3 november 1998

where made: SYDNEY

the court orders that:

1. Upon the plaintiff and Withnell Hetherington (including any predecessor firms) by its counsel undertaking to the Court: (1) to pay to any party adversely affected by this order such compensation (if any) as the Court thinks just in such manner as the Court directs, and (2) to take no further steps in the arbitration commenced on 30 August 1998 by the First Defendant in London against the Plaintiff being an arbitration with reference to bill of lading No. 1 at Mesaieed, Qatar on 27 May 1996 other than to give effect to any compromise between the parties of the claim or claims therein and taking any necessary steps in relation thereto, The first defendant: (i) be restrained until the final determination of these proceedings by itself, its officers, servants, employees, agents, attorneys or otherwise howsoever from taking any step in the London Arbitration aforesaid including presenting any oral argument otherwise than to give effect to this order. (ii) apply on 3 November 1998 for an adjournment of the London Arbitration proceedings sine die. 2. Upon the plaintiff and Withnell Hetherington (including any predecessor firms) by its counsel undertaking to the court: (1) to pay to any party adversely affected by this order such compensation (if any) as the Court thinks just in such manner as the Court directs, and (2) to take no steps in the action commenced by the First Defendant in the High Court of Justice, Queen's Bench Division, Commercial Court, 1998 Folio No. 1164 filed 11 September 1998 other than for the plaintiff to appear conditionally in the High Court action, the first defendant be restrained until the final determination of these proceedings by itself, its officers, servants, employees, agents, attorneys or otherwise howsoever from taking any step in the United Kingdom action aforesaid otherwise than to give effect to this order.