Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Trident Australasia Pty Ltd v Nexus Energy Corporate Pty Ltd [2010] FCA 1135 Citation: Trident Australasia Pty Ltd v Nexus Energy Corporate Pty Ltd [2010] FCA 1135
Parties: TRIDENT AUSTRALASIA PTY LTD (ACN 113 371 761) v NEXUS ENERGY CORPORATE PTY LTD (ACN 123 237 712)
File number: WAD 168 of 2010
Judge: SIOPIS J
Date of Judgment: 19 October 2010
Catchwords: ARBITRATION – construction of agreement – whether clause in an agreement comprised an arbitration agreement.
Legislation: Trade Practices Act 1974 (Cth) s 52
Cases cited: Heyman v Darwins, Limited [1942] AC 356
Date of hearing: 24 September 2010
Date of Order: 24 September 2010
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Counsel for the Applicant: Mr M de Kerloy
Solicitor for the Applicant: Mony de Kerloy
Counsel for the Respondent: Mr SK Dharmananda
Solicitor for the Respondent: Clayton Utz
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION WAD 168 of 2010
BETWEEN: TRIDENT AUSTRALASIA PTY LTD (ACN 113 371 761)
Applicant
AND: NEXUS ENERGY CORPORATE PTY LTD (ACN 123 237 712)
Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 24 sePTEMBER 2010
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The respondent's application to stay the whole of the proceedings, filed 11 August 2010, is dismissed. 2. The respondent is to pay the applicant's costs in relation to this application. 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 Federal Law Search on the Court's website.
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