LKT v Chun [2004] NSWSC 820

New South Wales Supreme Court

CITATION : LKT v Chun [2004] NSWSC 820 HEARING DATE(S) : 20 July and 19 August 2004 JUDGMENT DATE : 13 September 2004

JUDGMENT OF : McDougall J at 1 DECISION : See paras [85] to [87] of judgment

CATCHWORDS : INTERNATIONAL ARBITRATION - enforcement of international arbitral award - International Arbitration Act 1974 (Cth) - where defendant claims he was not bound by arbitration agreement - where agent signed agreement on behalf of defendant - whether defendant bound by agreement - credibility of defendant - whether Jones v Dunkel inference should be drawn from defendant's unexplained failure to call wife and son - where defendant claims he was not given proper notice of arbitration proceedings - whether defendant given notice of arbitration proceedings - where defendant claims that final award invalid as it purported to impose joint and several liability where initial award determined joint liability only - whether arbitrator in expressing the liability quantified by final award as joint and several acted consistently with basis of liability found in partial award LEGISLATION CITED : International Arbitration Act 1974 Commercial Arbitration Act 1984 (NSW) Manly Council v Byrne & Anor [2004] NSWCA 123 CASES CITED : Jones v Dunkel & Anor (1959) 101 CLR 298 Connor v Blacktown District Hospital [1971] 1 NSWLR 713 Olga Investments Pty Ltd v Citipower Ltd [1998] 3 VR 485 PARTIES : LKT Industrial Berhad (Malaysia) (Plaintiff) Albert Chun (Defendant) FILE NUMBER(S) : SC 50174/03 COUNSEL : N J Kidd (Plaintiff) A B S Franklin SC/R Winfield (Defendant) SOLICITORS : Banki Haddock Fiora (Plaintiff) William Chan & Co (Defendant)