Heller Financial Services Ltd v Thiess Contractors Pty Ltd [2000] FCA 802

FEDERAL COURT OF AUSTRALIA

Heller Financial Services Ltd v Thiess Contractors Pty Ltd [2000] FCA 802

ARBITRATION – application for stay of proceeding – assignment of debts due under contract containing arbitration clause – claim by assignee and assignor for unpaid balance of debts – separate claim by assignee based on negligent and misleading and deceptive representations by debtor – whether subject to arbitration agreement – whether debt claims should be stayed – whether multiplicity of proceedings WORDS AND PHRASES – "any person claiming through or under a party to the arbitration agreement" Commercial Arbitration Act 1984 (Vic) s 53(1) Judiciary Act 1903 (Cth) s 79 Arbitration Act 1975 (UK) s 1

Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd (1987) 14 FCR 193 at 203-7 applied Huddart Parker Ltd v The Ship "Mill Hill" (1950) 81 CLR 502 at 508-509 mentioned The Leage [1984] 2 Lloyd's LR 259 applied Tasmanian Pulp and Forest Holdings Ltd v Woodhall Ltd [1971] Tas SR 330 at 345-6 applied Thomas v Star Maid International Pty Ltd [1999] FCA 911 applied HELLER FINANCIAL SERVICES LIMITED & ANOR V THIESS CONTRACTORS PTY LIMITED NO V 699 OF 1999 HEEREY J 16 JUNE 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 699 OF 1999

BETWEEN: HELLER FINANCIAL SERVICES LIMITED

ACN 000 179 831

and

KF AIRCONDITIONING PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION)

ACN 055 001 173

Applicants

AND: THIESS CONTRACTORS PTY LIMITED

ACN 010 221 486

Respondent

JUDGE: HEEREY J

DATE OF ORDER: 16 JUNE 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The respondent's motion by notice dated 18 April 2000 is dismissed. 2. The respondent pay the applicants' costs of the motion. 3. The summons for directions is adjourned to 23 June 2000 at 9.30 am before Finkelstein J. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.