Australian Power and Water Pty Ltd v Independent Public Business Corporation of Papua New Guinea [2003] NSWSC 1261

Australian Power and Water Pty Ltd v Independent Public Business Corporation of Papua New Guinea [2003] NSWSC 1261

The proceedings should be stayed until further order, with liberty to apply, because that form of stay would allow the defendant to activate the clause 10 alternative dispute resolution procedure while permitting the plaintiff to return to Court if the procedure was not pursued expeditiously or stalled. The defendant did not obtain the substantive relief sought on several prayers and its limited success did not justify an order that the plaintiff pay its costs; the appropriate order was that the costs of the defendant's Notice of Motion be the defendant's costs in the proceedings.

Jurisdiction
Australia
Judgment Date
19 December 2003
Procedural Posture
Practice and Procedure Costs Application for Stay of Proceedings / Judgment on Form of Orders and Costs Following Reasons Indicating Proceedings Should Be Stayed to Enable Alternative Dispute Resolution Under Clause 10 of the Subject Contracts
Outcome
Proceedings stayed until further order; costs of the defendant's Notice of Motion filed 21 November 2003 to be the defendant's costs in the proceedings.
Legal Topics
['stay of Proceedings' 'costs of Notice of Motion' 'contractual Alternative Dispute Resolution' 'liberty to Apply']
['practice and Procedure' 'costs' 'alternative Dispute Resolution'] ['stay of Proceedings' 'costs of Notice of Motion' 'contractual Alternative Dispute Resolution' 'liberty to Apply']

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Procedural Posture

Practice and Procedure Costs Application for Stay of Proceedings / Judgment on Form of Orders and Costs Following Reasons Indicating Proceedings Should Be Stayed to Enable Alternative Dispute Resolution Under Clause 10 of the Subject Contracts

Legal Issues

  1. 1 ['Whether the proceedings should be stayed until further order or for some other period to enable the clause 10 alternative dispute resolution procedure to be activated.' "What costs order should be made in respect of the defendant's Notice of Motion filed 21 November 2003."]

Ratio Decidendi

The proceedings should be stayed until further order, with liberty to apply, because that form of stay would allow the defendant to activate the clause 10 alternative dispute resolution procedure while permitting the plaintiff to return to Court if the procedure was not pursued expeditiously or stalled. The defendant did not obtain the substantive relief sought on several prayers and its limited success did not justify an order that the plaintiff pay its costs; the appropriate order was that the costs of the defendant's Notice of Motion be the defendant's costs in the proceedings.

Court Disposition

Proceedings stayed until further order; costs of the defendant's Notice of Motion filed 21 November 2003 to be the defendant's costs in the proceedings.

Orders

  • ['The proceedings be stayed until further order.' "The costs of the defendant's Notice of Motion filed on 21 November 2003 be the defendant's costs in the proceedings." 'List the matter for review in the Commercial List directions list on Friday, 27 February 2004.' "Grant liberty to either party to apply on 3 days'...