Hampton Irrigators Pty Ltd v Toowoomba Regional Council (No 2)

Hampton Irrigators Pty Ltd sought directions from the court to determine a dispute with Toowoomba Regional Council regarding the supply of water. The Council applied to stay Hampton's proceedings, arguing that a dispute resolution clause in their agreement should be followed instead. The dispute centred on which agreement was in effect and the interpretation of a specific clause within those agreements.

The court considered whether Hampton had demonstrated that the stay should not be granted. The key legal issue was whether Hampton had met the burden of proof to refuse the stay, given the explicit dispute resolution clause in the agreement. The clause outlined a three-stage process for resolving disputes, which the Council argued should be adhered to before proceeding to the court.

The court found that Hampton had not discharged the onus to refuse the stay. The dispute resolution clause was clear and unambiguous, mandating a specific process before resorting to litigation. The court emphasised the importance of parties adhering to agreed dispute resolution mechanisms unless there were exceptional circumstances. Consequently, the court granted the stay and ordered the proceedings to be halted until further notice.