Thomas v Star Maid International Pty Ltd

Thomas v. Star Maid International Pty Ltd [1999] FCA 911
Arbitration

ARBITRATION - submission to arbitration as ground for stay of proceedings - whether "matter agreed to be referred to arbitration" - whether court satisfied "no sufficient reason why the matter should not be referred to arbitration" - risk of multiplicity of proceedings - increased cost - possibility of inconsistent findings.

Commercial Arbitration Act 1982 (Vic) s 53

Trade Practices Act 1974 (Cth) ss 52, 53B, 51AA and 75B

Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd (1987) 14 FCR 193 at 203-7 referred to

Eaton v Eaton [1950] VLR 233 at 238 referred to

WC Thomas & Sons Pty Ltd v Bunge (Australia) Pty Ltd [1975] VR 801 at 805 referred to

Abigroup Contractors Pty Ltd v Transfield Pty Ltd and Another [1998] VSC 103 at pars 148, 158-9, 167-172 referred to

Huddart Parker Ltd v The Ship "Mill Hill" (1950) 81 CLR 502 referred to

Marks v Bochsler & Partners Pty Ltd (unreported, Murphy and Gobbo JJ, Full Court of the Supreme Court of Victoria, 13 March 1992) referred to

Halifax Overseas Freighters Ltd v Rasno Export [1958] 2 Lloyds Rep 146 at 151 referred to

Taunton-Collins v Cromie [1964] 1 WLR 633 at 635 referred to

Tasmanian Pulp & Forest Holdings Ltd v Woodhall Ltd [1971] Tas SR 330 at 345-6 referred to

Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc (1998) 159 ALR 142 at 161 referred to

DESMOND FREDERICK THOMAS v STAR MAID INTERNATIONAL PTY LTD (ACN 004 889 258)

V 251 of 1999

WEINBERG J

25 JUNE 1999

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 251 OF 1999

BETWEEN:

DESMOND FREDERICK THOMAS

Applicant

AND:

STAR MAID INTERNATIONAL PTY LTD (ACN 004 889 258)

First Respondent

GUY RICHARD ALEXANDER GREGG

Second Respondent

NICOLA CURSIO

Third Respondent

#DATE 25:06:1999

JUDGE:

WEINBERG J

DATE OF ORDER:

25 JUNE 1999

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.       The application for a stay be refused.

2.       The motion be dismissed with costs.

Note:       Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 251 OF 1999

BETWEEN:

DESMOND FREDERICK THOMAS

Applicant

AND:

STAR MAID INTERNATIONAL PTY LTD (ACN 004 889 258)

First Respondent

GUY RICHARD ALEXANDER GREGG

Second Respondent

NICOLA CURSIO

Third Respondent

JUDGE:	WEINBERG J
DATE:	25 JUNE 1999
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1 There is before the court a motion, notice of which was given on 9 June 1999, in which the respondents to this proceeding seek an order that it be stayed. That order is sought pursuant to s 53 of the Commercial Arbitration Act 1984 (Vic), ("the Act"), which relevantly provides as follows:

"(1)       If a party to an arbitration agreement commences proceedings in a court against another party to the arbitration agreement in respect of a matter agreed to be referred to arbitration by the agreement, that other party may, subject…