Hi-Fert Pty Ltd & Anor v Kiukiang Maritime Carriers Inc & Anor [1997] FCA 1423

Hi-Fert Pty Ltd & Anor v Kiukiang Maritime Carriers Inc & Anor [1997] FCA 1423

Australian proceedings are stayed and referred to arbitration in London in accordance with the parties’ agreement; conditions for stay are limited to treating arbitration as commenced with appointment of plaintiffs’ arbitrator on commencement date and requiring first defendant to furnish prior security; costs of stay proceedings are determined by the court, not arbitrators; leave to appeal is refused as no substantial injustice or sufficient doubt is shown.

Jurisdiction
Australia
Judgment Date
12 December 1997
Procedural Posture
Admiralty / Settlement of Orders Following Judgments, Application for Leave to Appeal From Interlocutory Judgments
Outcome
Proceedings against both defendants stayed and referred to arbitration in London; leave to appeal refused; plaintiffs to pay defendants' costs of stay application and leave application.
Legal Topics
['stay of Proceedings' 'referral to Arbitration' 'security for Arbitration' 'costs' 'leave to Appeal']
['admiralty Law' 'arbitration' 'practice and Procedure'] ['stay of Proceedings' 'referral to Arbitration' 'security for Arbitration' 'costs' 'leave to Appeal']

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Procedural Posture

Admiralty / Settlement of Orders Following Judgments, Application for Leave to Appeal From Interlocutory Judgments

Legal Issues

  1. 1 ['Whether Australian proceedings should be stayed and referred to arbitration in London' 'Conditions for stay including provision of security and treatment of costs' 'Whether leave to appeal from interlocutory judgments should be granted']

Ratio Decidendi

Australian proceedings are stayed and referred to arbitration in London in accordance with the parties’ agreement; conditions for stay are limited to treating arbitration as commenced with appointment of plaintiffs’ arbitrator on commencement date and requiring first defendant to furnish prior security; costs of stay proceedings are determined by the court, not arbitrators; leave to appeal is refused as no substantial injustice or sufficient doubt is shown.

Court Disposition

Proceedings against both defendants stayed and referred to arbitration in London; leave to appeal refused; plaintiffs to pay defendants' costs of stay application and leave application.

Orders

  • ["Proceedings against first defendant stayed and referred to arbitration in London, subject to plaintiffs commencing arbitration within six months from date of order and first defendant furnishing security in form annexed and marked 'A'." 'Proceedings against second defendant stayed and referred to arbitration in...