Adrian Beard v Cargill Australia Limited [2011] NSWSC 142

Supreme Court New South Wales

Medium Neutral Citation: Adrian Beard v Cargill Australia Limited [2011] NSWSC 142 Hearing dates: 8 March 2011 Decision date: 10 March 2011 Before: Ball J Decision: 1) A declaration that the arbitral award (the Award ) purportedly made on or about 30 June 2010 by Alick Osborne, Andrew Wilsdon and Henry Wells in relation to a dispute between the plaintiff and the defendant was not made under an arbitration agreement within the meaning of s 4(1) of the Commercial Arbitration Act 1984 (the Act ). 2) An order that the defendant be restrained from making or causing to be made any application for leave to enforce the Award whether under the Act or otherwise. 3) The defendant pay the plaintiff's costs. Catchwords: CONTRACT - formation - acceptance. ARBITRATION - Commercial Arbitration Act 1984 - no jurisdiction for arbitration as no contract - acceptance in writing not required if terms of arbitration agreement in writing Legislation Cited: Commercial Arbitration Act 1984 Cases Cited: George Hudson Holdings Ltd v Rudder (1973) 128 CLR 387 Tinn v Hoffman and Co (1873) 29 LT 271 Category: Principal judgment Parties: Adrian Beard (Plaintiff) Cargill Australia Limited (Defendant) Representation: Counsel: Mr J S van Aalst (Plaintiff) Mr A J McInerney (Defendant) Solicitors: Cater & Blumer (Plaintiff) Aitken Partners (Defendant) File Number(s): 2010/378871

Judgment 1In these proceedings the plaintiff, Mr Beard, seeks an order restraining the defendant, Cargill, from enforcing an arbitral award handed down in Cargill's favour in June 2010. Alternatively, Mr Beard seeks leave to appeal against the award pursuant to s 38 of the Commercial Arbitration Act 1984 (the CAA ).