NSW Caselaw
New South Wales Supreme Court
CITATION : Bitannia Pty Limited v Rossfield Nominees (ACT) Pty Limited [2008] NSWSC 939
HEARING DATE(S) : 11 July & 1 September 2008 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 1 September 2008
DECISION : The proceedings are stayed. The plaintiff to pay the defendant's costs of the motion for a stay.
CATCHWORDS : CONTRACT – arbitration agreement provided that all disputes will be submitted to arbitration in accordance with UNCITRAL Arbitration Rules – plaintiff alleged agreement that strata units would be sold on registration of plan – seeks declaration to that effect and orders that the defendant co-operate in selling – plaintiff also seeks appointment of trustees for sale and sale of jointly owned property under Pt 4 Div 6 of the Conveyancing Act 1919 (NSW) - agreement requires unanimity for sale – defendant seeks stay of proceedings under s 53(1) of the Commercial Arbitration Act 1984 (NSW) – no good reason why principal dispute should not be referred to arbitration even if arbitrator has no power to make orders sought under Conveyancing Act – proceedings stayed
Strata Schemes (Freehold Development) Act 1973 (NSW) LEGISLATION CITED : Conveyancing Act 1919 (NSW) International Arbitration Act 1974 (Cth) Commercial Arbitration Act 1984 (NSW)
CASES CITED : IBM Australia Ltd v National Distribution Services Ltd (1991) 22 NSWLR 466 Francis Travel Marketing Pty Ltd v Virgin Atlantic Airways Ltd (1996) 39 NSWLR 160
PARTIES : Bitannia Pty Limited (ACN 062 312 323) Rossfield Nominees (ACT) Pty Limited (ACN 008 657 190)
FILE NUMBER(S) : SC 2986/2008
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