CPB Contractors Pty Limited v Celsus Pty Limited (formerly known as SA Health Partnership Nominees Pty Ltd) [2017] FCA 1620

FEDERAL COURT OF AUSTRALIA

CPB Contractors Pty Limited v Celsus Pty Limited (formerly known as SA Health Partnership Nominees Pty Ltd) [2017] FCA 1620 File number: NSD 1312 of 2017

Judge: LEE J

Date of judgment: 12 December 2017

Catchwords: ARBITRATION – application by the first respondent for a mandatory stay pursuant to s 8 of the Commercial Arbitration Act 2010 (NSW) – whether the arbitration agreement is inoperative – where respondent to the stay application relies upon subsequent contractual arrangements between other parties to demonstrate inoperability – meaning of "inoperative" and determination of the proviso question – where the subsequent agreements relied upon do not have the effect of causing the arbitration agreement to cease having effect – mandatory stay pursuant to s 8 of the Commercial Arbitration Act 2010 (NSW) granted ARBITRATION – application by the second and third respondents for a mandatory stay pursuant to s 8 of the Commercial Arbitration Act 2010 (NSW) – determination of the statutory precondition of whether the second and third respondents brought an application for a stay not later than when submitting their first statement on the substance of the dispute within the meaning of s 8 of the Commercial Arbitration Act 2010 (NSW) – where second and third respondents did not meet the statutory precondition of seeking a stay not later than when submitting their first statement on the substance of the dispute – application for a mandatory stay dismissed PRACTICE AND PROCEDURE – applications for a discretionary stay pursuant to s 23 of the Federal Court of Australia Act 1976 (Cth) – where certain non-arbitral matters are ancillary to matters the subject of the mandatory stay granted in favour of the first respondent – where there are closely overlapping facts and where the arbitral matters will be largely determinative of a number of aspects of the claims made by the applicants – where discretionary stay is consistent with the facilitation of the overarching purpose – discretionary stay granted to second, third and fourth respondents