Kennedy Miller Mitchell Films Pty Limited v Warner Bros. Feature Productions Pty Limited

Kennedy Miller Mitchell Films Pty Limited and Village Roadshow Limited (the plaintiffs) sued Warner Bros. Feature Productions Pty Limited (the first defendant) and Warner Bros. Pictures Australia Pty Limited (the second defendant) over the production and distribution of the motion picture Mad Max-Fury Road. The plaintiffs sought a declaration that the defendants had breached the contract between the parties and sought damages for that breach. The first defendant applied for an order that it and the plaintiffs be referred to arbitration in California. It also sought an order that the plaintiffs’ claims be stayed on forum non conveniens grounds. The plaintiffs opposed both applications.

The court considered whether the plaintiffs and the first defendant had agreed to arbitrate the dispute. The court also considered whether an arbitration clause in Certificates of Employment signed by the first plaintiff, the first defendant and two directors of the first plaintiff applied to the dispute. Finally, the court considered whether the law of California was to be applied in the dispute.

The court found that the Letter Agreement between the parties did not include an arbitration provision. It found that the arbitration clause in the Certificates of Employment did not cover the dispute. The court found that questions of stay on other grounds did not arise because it found that the plaintiffs and the first defendant had not agreed to arbitrate the dispute.

The court dismissed the first defendant’s application for an order referring it and the plaintiffs to arbitration in California. It dismissed the first defendant’s application for an order staying the proceedings on forum non conveniens grounds.