ACD Tridon Inc v Tridon Australia & Ors [2003] NSWSC 1230

New South Wales Supreme Court

CITATION : ACD Tridon Inc v Tridon Australia & Ors [2003] NSWSC 1230 HEARING DATE(S) : Determined on the papers JUDGMENT DATE : 19 December 2003

JUDGMENT OF : Smart AJ at 1 DECISION : Dismiss the summons for leave to enforce the award. TAPL and TNZL must pay the costs of that application. This is without prejudice to any application to enforce a later award. See also para 18.

LEGISLATION CITED : Commercial Arbitration Act 1984 Supreme Court Act 1970 CASES CITED : Practice Note 100 Ritchie 75.2 & 75.3 PARTIES : ACD Tridon Inc (ACDT) v Tridon Australia Pty Limited (TAPL), Tridon New Zealand (TNZL) and The Hon Andrew Rogers FILE NUMBER(S) : SC 50100/03 COUNSEL : (P) T G R Parker (D) M Jacobs QC & Mr Bambagiotti SOLICITORS : (P) Allens Arthur Robinson (D) Cutler Hughes & Harris

IN THE SUPREME COURT OF NEW SOUTH WALES SYDNEY REGISTRY COMMERCIAL LIST

SMART AJ

Friday, 18 December 2003

50100/03: ACD TRIDON INC (ACDT) v TRIDON AUSTRALIA PTY LIMITED (TAPL) TRIDON NEW ZEALAND (TNZL) and THE HON ANDREW ROGERS QC ________________________ JUDGMENT

1. Subsequent to my delivering judgment on 5 November 2003 and the orders made that day, TAPL and TNZL sought further relief by its solicitors FAX of 11 November 2003 namely: "1. That the Partial Award of 30 June 2003 be enforced pursuant to s33 of the Commercial Arbitration Act 1984 with respect to issues 2 and 3 as identified by the Arbitrator in that Award.

2. That the Orders in respect of costs set out in the appeal judgment of 5 November 2003 be stated to include all costs incurred in relation to the hearings before her Honour Justice Bergin on 13 and 29 August 2003." 2. By its summons of 6 August 2003 TAPL and TNZL had sought "the enforcement of the Partial Award of 30 June 2003 in respect to issues 2 and 3 as identified by the Arbitrator and referred to in that Award."