Stockco Agricapital Pty Ltd v Sugarloaf Nominees Pty Ltd and Others [2019] NSWDC 12

District Court New South Wales

Medium Neutral Citation: Stockco Agricapital Pty Ltd v Sugarloaf Nominees Pty Ltd and Others [2019] NSWDC 12 Hearing dates: 29 November 2018 Date of orders: 11 February 2019 Decision date: 11 February 2019 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) The proceedings between the plaintiff and the first defendant are referred to arbitration. (2) The proceedings between the plaintiff and each of the second to fifth defendants are stayed pending the resolution of the arbitration between the plaintiff and the first defendant or until further order of the Court. (3) The plaintiff is to pay the costs of the defendants of the Amended Notice of Motion on the ordinary basis as agreed or assessed, if the defendants can establish an entitlement to recoverable legal costs. Catchwords: COMMERCIAL ARBITRATION – arbitration agreement – submission to arbitration – construction of submission or reference – stay of proceedings – severance of conciliation requirement – Civil Procedure Act not applicable in circumstances Legislation Cited: Civil Procedure Act 2005 Commercial Arbitration Act 2010 Cases Cited: Administration of Norfolk Island v SMEC Australia Pty Ltd [2004] NFSC 1 Brew v Whitlock (No 2) [1967] 2 VR 803 Broken Hill Council v Unique Urban Built Pty Ltd [2018] NSWSC 825 Holloway v Chancery Mead Ltd [2008] 1 All ER (Comm) 653 Huddart Parker Ltd v The Ship Mill Hill (1950) 81 CLR 502 Humphries v The Proprietors "Surfers Palms North" Group Titles Plan 1955 (1994) 179 CLR 579 John Holland Pty Ltd v Kellogg Brown & Root Pty Ltd [2015] NSWSC 451 Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd [2011] NSWSC 268 Lucky-Goldstar International (HK) Ltd v NG Moo Kee Engineering Ltd [1993] HKCFI 14 Morrow v chinadotcom [2001] NSWSC 209 Whitlock v Brew (1968) 118 CLR 445 Texts Cited: Merkin and Hjalmarsson, Singapore Arbitration Legislation (Informa, 2009) The Encyclopaedic Australian Legal Dictionary Category: Principal judgment Parties: Stockco Agricapital Pty Ltd (Plaintiff) Sugarloaf Nominees Pty Ltd and Ors (Defendants) Representation: Counsel: Mr Stephenson (Plaintiff)