Hansell v Noorinya Holdings Pty Ltd atf the Noorinya Holdings Trust (ACN 132 347 883) [2021] NSWSC 1479

Supreme Court New South Wales

Medium Neutral Citation: Hansell v Noorinya Holdings Pty Ltd atf the Noorinya Holdings Trust (ACN 132 347 883) [2021] NSWSC 1479 Hearing dates: 7 October 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Equity - Commercial List Before: Williams J Decision: See orders at [71]. Catchwords: INTERNATIONAL ARBITRATION – whether proceedings commenced in this Court involved the determination of a matter that, in pursuance of an arbitration agreement, is capable of settlement by arbitration – construction and scope of arbitration agreement – consideration of characters of matter to be determined in these proceedings, including plaintiffs' claims and defendant's proposed defence – whether claims and proposed defence one matter for the purpose of s 7(2)(b) of the International Arbitration Act 1974 (Cth) – where defendant precluded from relying on proposed defence in proceedings in this Court by reason of anti-suit injunction issued by the High Court of Singapore – where plaintiffs had exercised right of election under arbitration agreement to commence proceedings in this Court rather than have their claim determined by arbitration – where plaintiffs also relied on anti-suit injunction to prevent defendant from pleading its proposed defence to plaintiffs claims in these proceedings – abuse of process. Legislation Cited: International Arbitration Act 1974 (Cth) ss 7, 8 Competition and Consumer Act 2010 (Cth), ss 237, 243 Real Property Act 1900 (NSW), s 60 Cases Cited: Comandate Marine Corp v Pan Australia Shipping Pty Ltd (2006) 157 FCR 45; (2006) 238 ALR 457; [2006] FCAFC 192 CPB Contractors Pty Ltd v DEAL SRL [2021] NSWSC 820 Francis Travel Marketing Pty Ltd v Virgin Atlantic Airways Ltd (1996) 39 NSWLR 160 Hancock Prospecting Pty Ltd v Rinehart (2017) 257 FCR 442; (2017) 350 ALR 658; [2017] FCAFC 170 In the matter of Ikon Group Limited (No. 2) [2015] NSWSC 981 Lepcanfin Pty Ltd v Lepfin Pty Ltd (2020) 102 NSWLR 627; [2020] NSWCA 155 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Rinehart v Hancock Prospecting Pty Ltd (2019) 267 CLR 514; (2019) 366 ALR 635; [2019] HCA 13 Rinehart v Rinehart [2021] NSWCA 228 Rinehart v Welker (2012) 95 NSWLR 221; [2012] NSWCA 95 Starceavich v Swart & Associates Pty Ltd (2006) 12 BPR 23, 639; [2006] NSWSC 960 Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 322 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Texts Cited: B Edgeworth, Butt's Land Law (7th ed, 2017) J D Heydon, Cross on Evidence (12th ed, 2020) M Holmes and C Brown, The International Arbitration Act 1974: A Commentary (3rd ed, 2018) Category: Procedural rulings Parties: Joseph Ronald Hansell (First Plaintiff) John Richard Park (Second Plaintiff) Global Loan Agency Services Australia Nominees Pty Ltd (ACN 608 945 008) atf the Aston Boardwalk Whitehaven Security Trust (Third Defendant) Noorinya Holdings Pty Ltd atf the Noorinya Holdings Trust (ACN 132 347 883) (Defendant) Representation: Counsel: Mr J O'Sullivan (Plaintiff) Mr S A Lawrance SC / Mr J Wherrett (Defendant)