NSW Caselaw
Reported Decision : 50 NSWLR 236
New South Wales Court of Appeal
CITATION : ANGELA RAGUZ v REBECCA SULLIVAN & ORS [2000] NSWCA 240 FILE NUMBER(S) : CA 40650/00 HEARING DATE(S) : 22, 23 August 2000 JUDGMENT DATE : 1 September 2000
PARTIES : ANGELA RAGUZ v REBECCA SULLIVAN, THE JUDO FEDERATION OF AUSTRALIA INC, THE JUDO FEDERATION OF AUSTRALIA INC APPEAL TRIBUNAL, THE COURT OF ARBITRATION FOR SPORT PTY LTD JUDGMENT OF : Spigelman CJ at 1; Mason P at 1; Priestley JA at 120
Plaintiff: R G McHugh 1st Defendant: R McColl SC/M Irving COUNSEL : 2nd & 3rd Defendant: I Pike 4th Defendant: (22/8) B Walker SC/A Bell (23/8) T L'Estrange Plaintiff: Murphy's Lawyers SOLICITORS : 1st Defendant: Slater & Gordon 2nd & 3rd Defendant: Rigby Cooke, Melb 4th Defendant: Allen Allen & Hemsley CATCHWORDS : Arbitration - award - appeal based on error of law - Commercial Arbitration Act 1984, s40 - "exclusion agreement" - "domestic arbitration agreement" - multipartite agreement based on reading series of documents together - seat or place of arbitration contrasted with place of hearing - Court of Arbitration for Sport - D DECISION : Proceedings dismissed
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40650/00
SPIGELMAN CJ MASON P PRIESTLEY JA Friday 1 September 2000
Angela RAGUZ v Rebecca SULLIVAN & ORS
The application related to a dispute about which of two judokas should be nominated as the Australian representative for the Olympic Games in the women's under-52kg category. That dispute was resolved against the plaintiff in favour of the first defendant by an Award of a Panel of the Court of Arbitration for Sport. The plaintiff challenged that award in the Supreme Court by seeking leave to appeal on a question of law arising out of the award (cf Commercial Arbitration Act 1984 s38(4)). The proceedings were removed into the Court of Appeal. The first defendant and the Court of Arbitration for Sport submitted that the Supreme Court's jurisdiction was precluded by the existence of an exclusion agreement within s40 of the Act.
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