Gilgandra Marketing Co-Operative Limited v Australian Commodities & Marketing Pty Ltd & Anor [2010] NSWSC 1209

New South Wales Supreme Court

CITATION : Gilgandra Marketing Co-Operative Limited v Australian Commodities & Marketing Pty Ltd & Anor [2010] NSWSC 1209 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 15 October 2010

JUDGMENT DATE : 22 October 2010

JUDGMENT OF : Slattery J at 1

DECISION : See paragraph 58 of judgment.

CATCHWORDS : Arbitration agreement - civil proceedings for interlocutory relief commenced in the Court - defendant applies for stay of proceedings - whether Commercial Arbitration Act 2010 applies to the proceedings - whether the defendant's application for stay of proceedings and request for referral to arbitration was made not later than the defendant submitted its "first statement on the substance of the dispute" within Commercial Arbitration Act 2010 - HELD: defendant's application was made after its "first statement on the substance of the dispute" - proceedings not stayed.

Arbitration Act 1996 (NZ), s 8 LEGISLATION CITED : Commercial Arbitration Act 1984, s 53 Commercial Arbitration Act 2010, ss 8, 9, Schedule 1 Sale of Goods Act 1923, ss 5(3), 46, 47(1)

CATEGORY : Procedural and other rulings

Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Fisken & Associates Ltd v Frew (High Court, Dunedin CP33/01, 24 August 2001, Master Venning) CASES CITED : Hurihanganui v New Zealand Post Limited High Court, Auckland, M653/98, 3 June 1998, Potter J) Pathak v Tourism Transport Ltd [2002] 3 NZLR 681 The Property People v Housing New Zealand Ltd (High Court, Auckland CP415/99, 7 December 1999, Salmon J)