AGL Energy Limited v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 765

Supreme Court New South Wales

Medium Neutral Citation: AGL Energy Limited v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 765 Hearing dates: 5 June 2017 Decision date: 14 June 2017 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Defendant's motion is dismissed. Catchwords: COMMERCIAL ARBITRATION – Commercial Arbitration Act 2010 (NSW) ss 7(1), 8(1) – request by defendant for an order that the parties be referred to arbitration – arbitration agreement – whether there is an agreement by the parties to submit to arbitration all or certain disputes – where only express reference to arbitration in the parties' written agreement is in a clause which provides that each party agrees to endeavour to settle the Dispute by mediation before having recourse to arbitration or litigation – HELD – no arbitration agreement. Legislation Cited: Commercial Arbitration Act 2010 (NSW) Commercial Arbitration Act 1984 (VIC) National Gas (New South Wales) Act 2008 (NSW) Cases Cited: InfraShore Pty Ltd v Health Administration Corporation [2015] NSWSC 736 Manningham City Council v Dura (Australia) Constructions Pty Ltd [1999] 3 VR 13 Mulgrave Central Mill Company Ltd v Hagglunds Drives Pty Ltd [2002] 2 Qd R 514 PMT Partners Pty Ltd v Australian National Parks & Wildlife Service (1995) 184 CLR 301 Category: Principal judgment Parties: Jemena Gas Networks (NSW) Ltd - Defendant (Applicant) AGL Energy Limited - Plaintiff (Respondent) Representation: Counsel: J. Giles SC with J Mitchell - Defendant (Applicant) R.P.L. Lancaster SC - Plaintiff (Respondent)