Nicola v Ideal Image Development Corporation Incorporated [2009] FCA 1177

FEDERAL COURT OF AUSTRALIA

Nicola v Ideal Image Development Corporation Incorporated [2009] FCA 1177 PRACTICE AND PROCEDURE – conflict of laws – exclusive jurisdiction clause PRACTICE AND PROCEDURE – whether proceedings against non-parties to arbitration agreement may be stayed pending arbitration between parties EVIDENCE - whether evidence as to content of law of Florida admissible ARBITRATION – claim for stay under International Arbitration Act 1974 (Cth) - whether dispute capable of settlement by arbitration - authority of arbitrator to vary or set aside franchise agreement – whether dispute of a kind suitable for arbitration – whether right to mediation waived by commencement of proceedings

GEORGE NICOLA, MIRIAM NICOLA and GEORGE & MIRIAM NICOLA PTY LIMITED v IDEAL IMAGE DEVELOPMENT CORPORATION INCORPORATED and JOHN PACE

NSD 1738 of 2008

PERRAM J

16 OCTOBER 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

General division NSD 1738 of 2008

BETWEEN: GEORGE NICOLA

First Applicant

MIRIAM NICOLA

Second Applicant

GEORGE & MIRIAM NICOLA PTY LIMITED

Third Applicant

AND: IDEAL IMAGE DEVELOPMENT CORPORATION INCORPORATED

First Respondent

JOHN PACE

Second Respondent

JUDGE: PERRAM J

DATE OF ORDER: 16 OCTOBER 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The parties to bring in short minutes of order giving effect to these reasons within 7 days. 2. The applicants to pay the first respondent's costs of the motion.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

general division NSD 1738 of 2008