McConnell Dowell Constructors (Aust) Pty Ltd v The Ship 'Asian Atlas' [2011] FCA 174

FEDERAL COURT OF AUSTRALIA

McConnell Dowell Constructors (Aust) Pty Ltd v The Ship 'Asian Atlas' [2011] FCA 174 Citation: McConnell Dowell Constructors (Aust) Pty Ltd v The Ship 'Asian Atlas' [2011] FCA 174

Parties: MCCONNELL DOWELL CONSTRUCTORS (AUST) PTY LTD ABN 71 002 929 017 v THE SHIP 'ASIAN ATLAS' and ASIAN ATLAS LIMITED

File number: WAD 157 of 2009

Judges: BESANKO J

Date of judgment: 4 March 2011

Catchwords: PRACTICE AND PROCEDURE — Application for temporary stay of proceeding or adjournment of nearly a year pending outcome of arbitration proceeding in Singapore — where charter agreements between plaintiff and third party freight forwarder and between the third party freight forwarder and the defendant provided for disputes to be resolved through arbitration in Singapore — where plaintiff brought action in negligence in this Court — where Court proceeding and arbitration would canvass similar issues and involve same witnesses and evidence — where proceeding in this Court instituted earlier and considerably more advanced than arbitration proceeding — discussion of considerations relevant to application for a temporary stay HELD: It was not appropriate to grant a stay of the proceedings or to adjourn the proceedings for a lengthy period.

Legislation: International Arbitration Act 1974 (Cth) s 16, s 7(2)

Cases cited: Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589, cited Sterling Pharmaceuticals Pty Limited v The Boots Company (Australia) Pty Limited (1992) 34 FCR 287, cited Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515, cited