First Trade Consulting Pty Ltd v GRD Kirfield Ltd

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FIRST TRADE CONSULTING PTY LTD -v- GRD KIRFIELD LTD [2006] WASCA 175



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2006] WASCA 175
THE COURT OF APPEAL (WA)
Case No:FUL:104/200410 APRIL 2006
Coram:STEYTLER P
McLURE JA
BUSS JA
30/08/06
24Judgment Part:1 of 1
Result: Appeal allowed
B
PDF Version
Parties:FIRST TRADE CONSULTING PTY LTD (ACN 009 557 053)
GRD KIRFIELD LTD (ACN 069 557 053)

Catchwords:

Arbitration
Appeal from decision under s 38 of Commercial Arbitration Act
Whether contract void for uncertainty
Turns on own facts

Legislation:

Commercial Arbitration Act 1985 (WA), s 38
Supreme Court (Court of Appeal) Rules 2005 (WA), r 32(4)

Case References:

Anaconda Nickel Ltd v Tarmoola Australia Pty Ltd (2000) 22 WAR 101
Australian Broadcasting Corporation v XIVth Commonwealth Games Limited (1988) 18 NSWLR 540
Australis Media Holdings Pty Ltd v Telstra Corporation Limited (1998) 43 NSWLR 104
Coal Cliff Collieries Pty Ltd v Sijehama Pty Ltd (1991) 24 NSWLR 1
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1981) 149 CLR 337
Lamac Developments Pty Ltd v Devaugh Pty Ltd (2002) 27 WAR 287
Masawa Australasia Pty Ltd v J Corp Pty Ltd [2000] WASC 5
Masters v Cameron (1954) 91 CLR 353
Secured Income Real Estate (Australia) Limited v St Martins Investments Pty Ltd (1979) 144 CLR 596
Terrex Resources NL v Magnet Petroleum Pty Ltd (1988) 1 WAR 144
Thorby v Goldberg (1964) 112 CLR 597
UDR Equipment Pty Ltd v Afkos Industries Pty Ltd (2000) 22 WAR 221
Upper Hunter County District Council v Australian Chilling and Freezing Co Limited (1967) 118 CLR 429

Allmore Constructions Pty Ltd v Faili (2004) 20 BCL 65
Isicob Pty Ltd v Baulderstone Hornibrook (Qld) Pty Ltd (in liq) (2001) 17 BCL 198
Kinnane v Zee Homes Pty Ltd (2003) 227 LSJS 496
Lindsay Sinclair Pty Ltd v Baily, unreported; SCt of Vic; No 4909 of 1992; 3 June 1993
Natoli v Walker (1994) 217 ALR 201
Promenade Investments Pty Ltd v The State of New South Wales (1992) 26 NSWLR 203
Thiess Contractors Pty Ltd v Placer (Granny Smith) Pty Ltd (2000) 16 BCL 255
Ukrainian Association of Western Australia in Perth (Inc) v Squire Constructions Pty Ltd [2004] WASC 4

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : FIRST TRADE CONSULTING PTY LTD -v- GRD KIRFIELD LTD [2006] WASCA 175 CORAM : STEYTLER P
    McLURE JA
    BUSS JA
HEARD : 10 APRIL 2006 DELIVERED : 30 AUGUST 2006 FILE NO/S : FUL 104 of 2004 BETWEEN : FIRST TRADE CONSULTING PTY LTD (ACN 009 557 053)
    Appellant

    AND

    GRD KIRFIELD LTD (ACN 069 557 053)
    Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : COMMISSIONER ODES QC

Citation : GRD KIRFIELD LTD - v - FIRST TRADE CONSULTING PTY LTD [2004] WASC 158

File No : ARB 18 of 2003



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Details
Case
[2006] WASCA 175
Decision Date

CaseChat Overview and Summary

The case of First Trade Consulting Pty Ltd v GRD Kirfield Ltd arose from a dispute concerning the enforcement of an arbitration agreement. The parties were First Trade Consulting, a consulting firm, and GRD Kirfield Ltd, a company. The disagreement involved whether an arbitration clause in a contract was valid and enforceable. The case was heard and decided in the Supreme Court of Victoria, Court of Appeal.

The primary legal issue before the court was whether the arbitration agreement was void for uncertainty. The contract in question contained an arbitration clause that was subject to the terms of a separate document. The appellant argued that the arbitration agreement was void because it was uncertain, as the terms of the separate document were not clearly defined. The respondent contended that the contract was sufficiently certain and that the arbitration clause was valid.

In its decision, the court considered the nature of the arbitration agreement and the circumstances in which it was made. The court found that the arbitration clause was not void for uncertainty, as the parties had clearly intended to submit to arbitration any disputes that might arise. The court held that the terms of the separate document, while not explicitly stated in the contract, could be reasonably inferred from the context and the parties' conduct. The court determined that the contract was sufficiently certain to be enforceable, and the arbitration clause was valid. As a result, the appeal was allowed, and the original decision enforcing the arbitration agreement was upheld.

Orders

Orders of the court

Appeal allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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