Ringwood Agricultural Company Pty Ltd -v- Grain Link (NSW) Pty Limited [2013] NSWSC 191

Supreme Court New South Wales

Medium Neutral Citation: Ringwood Agricultural Company Pty Ltd -v- Grain Link (NSW) Pty Limited [2013] NSWSC 191 Hearing dates: 21 February 2013 Decision date: 21 February 2013 Jurisdiction: Equity Division - Commercial Arbitration List Before: Hammerschlag J Decision: Proceedings dismissed. Plaintiff to pay defendant's costs of the proceedings Catchwords: COMMERCIAL ARBITRATION - Commercial Arbitration Act 1984 (NSW) ss 18, 34(2)(a)(iv) - claim for an order setting aside an arbitral award on the grounds that the arbitral procedure was not in accordance with the agreement and was not in accordance with the Act because the tribunal declined to give it an oral hearing which it claimed it was entitled to require and that it was not given a reasonable opportunity of presenting its case Legislation Cited: Commercial Arbitration Act 2010 (NSW) Cases Cited: Grand Pacific Holdings Limited v Pacific China Holdings Limited (in Liq) (No.1) [2012] 4 HKLRD 1 Stead v State Government Insurance Commission (1986) 161 CLR 141 Texts Cited: Grain Trade Australia (GTA) Dispute Resolution Rules Category: Principal judgment Parties: Ringwood Agricultural Company Pty Ltd - Plaintiff Grain Link (NSW) Pty Ltd - Defendant Representation: Counsel: J.S. Van Aalst - Plaintiff D.A.McLure with B.D. Phillips - Defendant Solicitors: Cater & Blumer - Plaintiff O'Halloran Deal Lawyers - Defendant File Number(s): 2012/382958

Judgment