Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thomas v Star Maid International Pty Ltd [1999] FCA 911
ARBITRATION – submission to arbitration as ground for stay of proceedings – whether "matter agreed to be referred to arbitration" – whether court satisfied "no sufficient reason why the matter should not be referred to arbitration" – risk of multiplicity of proceedings – increased cost – possibility of inconsistent findings.
Commercial Arbitration Act 1982 (Vic) s 53 Trade Practices Act 1974 (Cth) ss 52, 53B, 51AA and 75B
Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd (1987) 14 FCR 193 at 203-7 referred to Eaton v Eaton [1950] VLR 233 at 238 referred to WC Thomas & Sons Pty Ltd v Bunge (Australia) Pty Ltd [1975] VR 801 at 805 referred to Abigroup Contractors Pty Ltd v Transfield Pty Ltd and Another [1998] VSC 103 at pars 148, 158-9, 167-172 referred to Huddart Parker Ltd v The Ship "Mill Hill" (1950) 81 CLR 502 referred to Marks v Bochsler & Partners Pty Ltd (unreported, Murphy and Gobbo JJ, Full Court of the Supreme Court of Victoria, 13 March 1992) referred to Halifax Overseas Freighters Ltd v Rasno Export [1958] 2 Lloyds Rep 146 at 151 referred to Taunton-Collins v Cromie [1964] 1 WLR 633 at 635 referred to Tasmanian Pulp & Forest Holdings Ltd v Woodhall Ltd [1971] Tas SR 330 at 345-6 referred to Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc (1998) 159 ALR 142 at 161 referred to DESMOND FREDERICK THOMAS v STAR MAID INTERNATIONAL PTY LTD (ACN 004 889 258) V 251 of 1999 WEINBERG J 25 JUNE 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 251 OF 1999
BETWEEN: DESMOND FREDERICK THOMAS
Applicant
AND: STAR MAID INTERNATIONAL PTY LTD (ACN 004 889 258)
First Respondent
GUY RICHARD ALEXANDER GREGG
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