NSW Caselaw
New South Wales Supreme Court
CITATION : Vasp Group Pty Limited v Service Stream Limited [2008] NSWSC 1182
HEARING DATE(S) : 24 October 2008 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 24 October 2008
DECISION : Proceedings stayed. Plaintiff to pay defendant's costs of the motion
CATCHWORDS : ARBITRATION - application for stay of proceedings on the basis that dispute which has arisen is within provision in agreement that disputes or differences arising out of or in any way in connection with the agreement is to be referred to arbitration - whether dispute is susceptible to the provision - stay opposed on ground that defence to claim of plaintiff might raise liability of concurrent wrongdoers and result in multiplicity of proceedings
Commercial Arbitration Act 1984 No 160 NSW LEGISLATION CITED : Civil Liability Act 2002 (NSW) Trade Practices Act 1974 (Cth)
Francis Travel Marketing Pty Ltd v Virgin Atlantic Airways Ltd (1996) 39 NSWLR 160 CASES CITED : IBM Australia Ltd v National Distribution Services Pty Ltd (1991), 22 NSWLR 466 Savcor Pty Ltd v State of New South Wales (2001) 52 NSWLR 587 Paharpur Cooling Towers Ltd v Paramount (WA) Ltd [2008] WASCA 110
PARTIES : Vasp Group Pty Limited ACN 072 732 604 Service Stream Limited ACN 072 369 870 (formerly Total Communications Infrastructure Limited)
FILE NUMBER(S) : SC 55055/2008
COUNSEL : N.J.Kidd (Plaintiff) N.A. Nicholls (Defendant)
SOLICITORS : Curwoods Lawyers (Plaintiff) Mills Oakley Lawyers (Defendants)
- 3 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EQUITY LIST
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