Federal Court of Australia
Federal Court of Australia
Roadpost Inc v Beam Communications Pty Ltd [2025] FCA 120 File number(s): NSD 1591 of 2024
Judgment of: STEWART J
Date of judgment: 24 February 2025
Catchwords: ARBITRATION – application for enforcement of a foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) – where orders for enforcement were proposed by consent – whether Court can or should make a declaratory order enforcing a declaration in an arbitral award – where orders revised to be in the form of an order for specific performance – whether order for specific performance of an arbitral award should be made
Legislation: International Arbitration Act 1974 (Cth) s 8(3)
Cases cited: Adamas Management & Services Inc v Aurado Energy Inc [2004] NBQB 342 EGI-VSR, LLC v. Coderch Mitjans, 963 F.3d 1112 (11th Cir. 2020) Government Insurance Office (NSW) v Atkinson-Leighton Joint Venture (1981) 146 CLR 206 Marguiles Brothers Ltd v Dafnis Thomaides & Co (UK) Ltd [1958] 1 Lloyd's Rep 205 Plaintiff v Eton Properties Ltd [2011] HKCFA 31 TCL Air Conditioner (Zhongshan) Co Ltd v Judges of the Federal Court of Australia [2013] HCA 5; 251 CLR 533 Tianjin Jishengtai Investment Consulting Partnership Enterprise v Huang [2020] FCA 767 Tridon Australia Pty Ltd v ACD Tridon Inc [2004] NSWCA 146 Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd [2020] HKCFA 32; 23 HKCFAR 348
Division: General Division
Registry: New South Wales
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