Narayanasamy v VM (Qld) Pty Ltd

[2012] QDC 125

[2012] QDC 125

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 1229 of 2012

KITCHAPPA NARAYANASAMY & ANOTHER	Applicant
and
VM (QLD) PTY LTD	Respondent

BRISBANE

..DATE 18/04/2012

ORDER

CATCHWORDS
Commercial Arbitration Act 1990 s 33

No reason shown by respondent why discretion to grant leave to enforce an arbitrator's award as a judgement of the court should not be exercised
HIS HONOUR: I'll make orders in terms of paragraphs 1, 2 and 3 of the originating application. The director of the respondent, Mr Manickam, has appeared to oppose this application seeking leave under section 33 of the Commercial Arbitration Act 1990 for enforcement of an arbitrator's award as a judgment of the court and for entry of judgment in terms of the arbitrator's award by simply picking up the language of the section which provides the means by which an arbitrator's award in this State may be made enforceable.

The submissions the court has heard against making the order are essentially revisiting the issues which the arbitrator determined in favour of the applicants by making a declaration that lease arrangements between the parties had come to an end and that the applicants were entitled to their costs of the arbitration.  It seems to me the court, in circumstances where there's nothing casting doubt on the arbitrator's determination, this being a matter for other proceedings, has no real alternative but to exercise the discretion granted by the section in the way the applicants seek.  Those are the orders.

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