Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coeclerici Asia (Pte) Ltd v Gujarat NRE Coke Limited [2014] FCA 130 Citation: Coeclerici Asia (Pte) Ltd v Gujarat NRE Coke Limited [2014] FCA 130
Parties: COECLERICI ASIA (PTE) LTD v GUJARAT NRE COKE LIMITED and SHRI ARUN KUMAR JAGATRAMKA
File number: NSD 437 of 2013
Judge: FOSTER J
Date of judgment: 24 February 2014
Catchwords: PRACTICE AND PROCEDURE - whether, in the circumstances of the present case, the Court ought to make a lump sum costs order in favour of the applicant and, if so, in what amount – whether, in a proceeding for the enforcement of a foreign arbitral award pursuant to s 8 of the International Arbitration Act 1974, the applicant should, after judgment, be released from that part of an undertaking first given to the Court by the applicant in support of the grant of Mareva-type relief as an interim measure before judgment to the effect that it would not seek in any country outside Australia an order of a similar nature or take other enforcement steps outside Australia.
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M and s 37N International Arbitration Act 1974 (Cth), s 8 Federal Court Rules 2011 Div 7.4, r 7.35 and r 40.02(b) Federal Court Practice Note CM9 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 Civil Procedure Rules (Eng and Wales)
Cases cited: Coeclerici Asia (Pte) Ltd v Gujarat NRE Coke Limited [2013] FCA 1395 related Gujarat NRE Coke Ltd v Coeclerici Asia (Pte) Ltd [2013] FCAFC 109 related Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 cited Bitek Pty Ltd v IConnect Pty Ltd (2012) 290 ALR 288 Black and Decker Inc v GMCA Pty Ltd (No 4) [2008] FCA 1737 cited Dunstan v Human Rights and Equal Opportunity Commission (No 3) [2006] FCA 916 cited Ginos Engineers Pty Ltd v Autodesk Australia Pty Ltd (2008) 249 ALR 371 cited Playcorp Group of Companies Pty Ltd v Peter Bodum A/S (No 2) [2010] FCA 455 cited Sony Entertainment (Australia) Ltd v Smith (2005) 215 ALR 788 cited Tate Access Floors Inc v Boswell [1991] Ch 512 cited Collins: Essays in International Litigation and the Conflict of Laws (Clarendon Press, Oxford, 1994).
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate