Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd (No 3) [2012] FCA 1282 Citation: Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd (No 3) [2012] FCA 1282
Parties: CASTEL ELECTRONICS PTY LTD v TCL AIR CONDITIONER (ZHONGSHAN) CO LTD
File numbers: VID 218 of 2011 VID 224 of 2011 VID 317 of 2011
Judge: MURPHY J
Date of judgment: 19 November 2012
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 7
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 218 of 2011
BETWEEN: CASTEL ELECTRONICS PTY LTD
Applicant
AND: TCL AIR CONDITIONER (ZHONGSHAN) CO LTD
Respondent
JUDGE: MURPHY J DATE OF ORDER: 19 NOVEMBER 2012 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. There be judgment for the Applicant in respect of the Final Award other than on Costs of the arbitral tribunal dated 23 December 2010 against the Respondent in an amount of $3,744,887.88, comprising: (a) $2,198,656 for the OEM claim; (b) $745,522 for the faulty goods claim; (c) $131,508 for the debt claim; and (d) $293,665 representing interest on the sums in (a), (b) and (c) calculated at the rate of 5% per annum from 25 January 2009 to 23 December 2010, being 697 days; less $209,035 in respect of the amount ordered payable to the Respondent under the Final Award, comprising: (e) $190,816 for the breach of the minimum purchase levels claim; and (f) $18,219 representing interest on that sum from 25 January 2009, being 56 days; plus (g) further interest accruing 28 days from the date of the Final Award to 17 March 2011 at the rate of 5% per annum on any unpaid amount of the Final Award of $3,160,316, which is 84 days, of $36,365.28; and (h) further interest accruing from 18 March 2011 (being the date of issue of the application) at the rate of 10.5% per annum for 603 days being $548,206.60. Interest accrues from 9 November 2012 at the rate of $909.13 per day. 2. There be judgment for the Applicant in terms of the Final Award on Costs dated 27 January 2011 in the sum of $864,580.79 (being the costs of the arbitration fixed at $732,500 plus interest thereon at the rate of 5% per annum from 27 January 2011 to 17 March 2011 being 50 days amounting to $5,017.12 and interest thereon at the rate of 10.5% from 18 March 2011 to 9 November 2012 being 603 days amounting to $127,063.66). Interest accrues from 9 November 2012 at the rate of $210.72 per day. 3. The Respondent pay the Applicant's costs, including reserved costs, of this application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 224 of 2011
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