Wyong Shire Council v Jenbuild [2012] NSWSC 720

Supreme Court New South Wales

Medium Neutral Citation: Wyong Shire Council v Jenbuild [2012] NSWSC 720 Hearing dates: 19/06/2012 Decision date: 19 June 2012 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Summons dismissed with costs. Catchwords: [COMMERCIAL ARBITRATION] - contracts - whether contracts made between the plaintiff and the first defendant constitute a valid arbitration agreement for the purposes of s 7 of the Commercial Arbitration Act 2010 (NSW) - whether contract ancillary to the principal contracts governed the dispute resolution process.

[ESTOPPEL] - estoppel in pais - convention; estoppel by - whether sufficient detriment that parties are estopped from denying their contractual relationship is governed by a dispute resolution clause. Legislation Cited: Commercial Arbitration Act 2010 (NSW) Cases Cited: Moratic Pty Ltd v Lawrence James Gordan & Anor [2007] NSWSC 5 Noon v Bondi Beach Astra Retirement Village Pty Ltd [2010] NSWCA 202 Category: Principal judgment Parties: Wyong Shire Council (Plaintiff) Jenbuild Pty Limited (First Defendant) Representation: Counsel: F C Corsaro SC (Plaintiff) I G Roberts SC (Defendant) Solicitors: HWL Ebsworth (Plaintiff) Herbert Geer (Defendant) File Number(s): 2012/134485

Judgment 1HIS HONOUR: The question for decision is whether, in four contracts made between the plaintiff (the Council) and the first defendant (Jenbuild), there is a valid arbitration agreement for the purposes of s 7 of the Commercial Arbitration Act 2010 (NSW) (the Act).