APC Logistics Pty Ltd v CJ Nutracon Pty Ltd [2007] FCA 136

FEDERAL COURT OF AUSTRALIA

APC Logistics Pty Ltd v CJ Nutracon Pty Ltd [2007] FCA 136 AGREEMENT TO ARBITRATE – whether or not agreement to arbitrate reached between parties by the exchange of e-mails – whether written agreement International Arbitration Act 1947 (Cth) s 7(2) Comandate Marine Corp v Pan Australia Shipping Pty Ltd [2006] FCAFC 192 Considered Pan Australian Shipping Pty Ltd v The Ship Comandate (No 2) [2006] FCA 1112 Cited APC LOGISTICS PTY LTD (ABN 52 006 246 260) AND PHOENIX INTERNATIONAL FREIGHT SERVICES LIMITED (A FOREIGN CORPORATION) v CJ NUTRACON PTY LTD (ABN 25 118 134 759) AND MULTISOURCE NETWORK CORPORATION VID 978 OF 2006

KIEFEL J

16 february 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY VID 978 OF 2006

BETWEEN: APC LOGISTICS PTY LTD (ABN 52 006 246 260)

First Applicant

PHOENIX INTERNATIONAL FREIGHT SERVICES LIMITED (A FOREIGN CORPORATION)

Second Applicant

AND: CJ NUTRACON PTY LTD (ABN 25 118 134 759)

First Respondent

MULTISOURCE NETWORK CORPORATION

Second Respondent

JUDGE: KIEFEL J DATE OF ORDER: 16 february 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The applications by the applicants and by the second respondent for a stay of the proceedings and referral of the parties to arbitration are dismissed. 2. The applicants and the second respondent pay the first respondent's costs on the applications. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY VID 978 OF 2006

BETWEEN: APC LOGISTICS PTY LTD (ABN 52 006 246 260)

First Applicant

PHOENIX INTERNATIONAL FREIGHT SERVICES LIMITED (A FOREIGN CORPORATION)

Second Applicant