Construcciones y Auxiliar de Ferrocarriles S.A. v CPB Contractors Pty Limited (No 2) [2022] NSWSC 1483

Construcciones y Auxiliar de Ferrocarriles S.A. v CPB Contractors Pty Limited (No 2) [2022] NSWSC 1483

The costs of resolving the impasse related to dispute resolution abide the outcome of the arbitration, as the impasse did not arise solely from breach but from a dispute about procedure, justifying departure from the general rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
02 November 2022
Procedural Posture
Commercial Arbitration Related Proceedings / Costs Determination Following Stay of Proceedings
Outcome
Order made that the costs of the notice of motion dated 28 July 2022 be costs in the cause of the arbitration.
Legal Topics
['costs in Arbitration Proceedings' 'stay of Proceedings' 'departure From General Rule of Costs']
['commercial Arbitration' 'civil Procedure'] ['costs in Arbitration Proceedings' 'stay of Proceedings' 'departure From General Rule of Costs']

Case Brief

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Procedural Posture

Commercial Arbitration Related Proceedings / Costs Determination Following Stay of Proceedings

Legal Issues

  1. 1 ['Whether the costs of a stay motion should follow the event or be costs in the cause of arbitration']

Ratio Decidendi

The costs of resolving the impasse related to dispute resolution abide the outcome of the arbitration, as the impasse did not arise solely from breach but from a dispute about procedure, justifying departure from the general rule that costs follow the event.

Court Disposition

Order made that the costs of the notice of motion dated 28 July 2022 be costs in the cause of the arbitration.

Orders

  • ['The costs of the notice of motion dated 28 July 2022 be costs in the cause of the arbitration.']