Moussa v Eski Export Pty Ltd [2000] FCA 1670

FEDERAL COURT OF AUSTRALIA

Moussa v Eski Export Pty Ltd [2000] FCA 1670

ARBITRATION - submission to arbitration as ground for stay of proceedings - personal respondents not party to agreement between second applicant and first respondent containing an arbitration clause - risk of multiplicity of proceedings

PRACTICE AND PROCEDURE - application for transfer of proceeding - consideration of factors weighing for and against transfer Trade Practices Act 1974 (Cth) s52

Commercial Arbitration Act 1986 (Tas) s53(1) Thomas v Star Maid International Pty Ltd [1999] FCA 911 followed

Australian Workers' Union v BHP Iron Ore Pty Ltd [2000] FCA 39 followed MARIO MOUSSA AND MCM SERVICES PTY LTD (ACN 007 001 872) -v- ESKI EXPORT PTY LTD (ACN 053 096 610), JOHN GALL, BYRON GALL AND PETER HARDING V 787 OF 2000 MARSHALL J MELBOURNE 17 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 787 OF 2000

BETWEEN: MARIO MOUSSA

FIRST APPLICANT

MCM SERVICES PTY LTD

(ACN 007 001 872)

SECOND APPLICANT

AND: ESKI EXPORT PTY LTD

(ACN 053 096 610)

FIRST RESPONDENT

JOHN GALL

SECOND RESPONDENT

BYRON GALL

THIRD RESPONDENT

PETER HARDING

FOURTH RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 17 NOVEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Paragraph 1 of the respondents' Notice of Motion of 13 November 2000 be adjourned to 2.15 pm on 4 December 2000. 2. The directions hearing listed for 10.15 am on 4 December 2000 be relisted to 2.15 pm on 4 December 2000, with arrangements being made to conduct it by video-link. 3. That paragraph 2 of the respondents' motion be dismissed.