Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gujarat NRE Coke Limited v Coeclerici Asia (Pte) Ltd [2013] FCA 918 Citation: Gujarat NRE Coke Limited v Coeclerici Asia (Pte) Ltd [2013] FCA 918
Appeal from: Coeclerici Asia (Pte) Ltd v Gujarat NRE Coke Limited [2013] FCA 882
Parties: GUJARAT NRE COKE LIMITED and ARUN KUMAR JAGATRAMKA v COECLERICI ASIA (PTE) LTD
File number: NSD 1673 of 2013
Judge: KATZMANN J
Date of judgment: 6 September 2013
Catchwords: PRACTICE AND PROCEDURE – application for stay pending appeal – international arbitration – award made in London – application by creditors to enforce award after failed attempt by debtors to persuade High Court of Justice to set it aside - primary judge made orders enforcing payment – appointment of receivers in aid of execution – debtors filed notice of appeal - whether grounds of appeal arguable – allegation that debtors denied reasonable opportunity to present their case in the arbitral tribunal - alleged error in appointment of receivers in lieu of charging order – whether issue estoppel arising out of findings in English proceeding – no argument about obligation to repay debt – adequacy of freezing orders - balance of convenience – limited stay granted upon payment into court of judgment debt
Legislation: Arbitration Act 1996 (UK) s 103(2) Civil Procedure Act 2005 (NSW) s 126 International Federal Court of Australia Act 1976 (Cth) ss 29, 57(1) Arbitration Act 1974 (Cth) ss 8(5)(c), 8 (7)(b), (7A)(b) and 8
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