IBM AUSTRALIA LTD v NATIONAL DISTRIBUTION SERVICES LTD [1991] NSWCA 150

The matter, relating to whether the Arbitrator has power to grant Trade Practices Act relief, is appropriate for expedition and should proceed promptly.

Parties: Applicant: IBM Australia Ltd; Respondent: National Distribution Services Ltd
Jurisdiction: Australia
Judgment Date: 04 February 1991
Procedural Posture: Application for Expedition of Appeal / Pre Hearing
Outcome: Application for expedition granted
Legal Topics: Arbitrator Powers, Trade Practices Act Relief

Commercial Law Arbitration Law Arbitrator Powers Trade Practices Act Relief

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Parties

IBM Australia Ltd

Applicant

National Distribution Services Ltd

Respondent

Procedural Posture

Application for Expedition of Appeal / Pre Hearing

Legal Issues

1 Whether the Arbitrator has power to grant relief equivalent to that under the Trade Practices Act
2 Effect of the agreement and Rogers CJ Comm D's decision on the Arbitrator's powers

Ratio Decidendi

The matter, relating to whether the Arbitrator has power to grant Trade Practices Act relief, is appropriate for expedition and should proceed promptly.

Court Disposition

Application for expedition granted

Orders

Hearing of the appeal to be expedited
Matter referred to the Registrar to settle appeal papers