NSW Caselaw
New South Wales Supreme Court
CITATION : Dance With Mr D Limited v Dirty Dancing Investments Pty Ltd [2009] NSWSC 332 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 17 April 2009
JUDGMENT DATE : 1 May 2009
JUDGMENT OF : Hammerschlag J
DECISION : Proceedings stayed. Plaintiff to pay the defendants' costs of the motion.
CATCHWORDS : PRACTICE AND PROCEDURE – stay - where plaintiff sues for breach of a contract which contains a provision for disputes to be determined by an expert – considerations relevant to grant of stay – CONTRACT – construction of expert determination provision – WAIVER – whether defendant waived or abandoned right to invoke alternative dispute resolution provision – EQUITY – estoppel – whether defendant is estopped from relying on alternative dispute resolution provision on the basis that it represented, induced or participated in an assumption that it would not do so – whether plaintiff relied on defendant's conduct to its detriment in suing - CONTRACT – operation of exclusive jurisdiction clause where plaintiff sues in Australia for breach of a contract containing a provision agreeing to exclusive jurisdiction of English Courts
Ipoh v TPS Property No 2 & Anor [2004] NSWSC 289 Zeke Services Pty Ltd & Anor v Traffic Technologies Ltd & Anor [2005] QSC 135 Akai Pty Ltd v People's Insurance Co Ltd 188 CLR 18 FAI General Insurance Co Ltd v Ocean Marine Mutual Protection and Indemnity Association and Anor (1997) 41 NSWLR 559 Incitec Ltd v Alkimos Shipping Corporation and Anor (2004) 206 ALR 558 Francis Travel Marketing Pty Ltd v Virgin Atlantic Airways Ltd (1996) 39 NSWLR 160 CASES CITED : Savcor Pty Ltd v State of New South Wales (2001) 52 NSWLR 587 Ipoh v TPS Property; Badgin Nominees Pty Ltd v Oneida Ltd [1998] VSC 188 IBM Australia Ltd v National Distribution Services Ltd (1991) 22 NSWLR 466 The Commonwealth v Verwayen (1990) 170 CLR 394 Huddart Parker Ltd v The Ship "Mill Hill" (1950) 81 CLR 502 Oceanic Sun Line Special Shipping Co Inc v Fay (1988) 165 CLR 197 Owners of cargo on vessel Eleftheria v Owners of Ship Eleftheria [1969] 2 All ER 641
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