Ingham Property Development Pty Limited v Impeccable Construction Pty Ltd [2017] NSWSC 298

Ingham Property Development Pty Limited v Impeccable Construction Pty Ltd [2017] NSWSC 298

There was no need for the plaintiff to seek enforcement orders from the Court as the arbitration award is enforceable by statute and assessment of costs can proceed under the Act without further court orders.

Parties
Plaintiff: Ingham Property Development Pty Limited; Defendant: Impeccable Construction Pty Ltd
Jurisdiction
Australia
Judgment Date
27 March 2017
Procedural Posture
Commercial Arbitration Enforcement / Dismissal of Proceedings
Outcome
Proceedings dismissed
Legal Topics
Enforcement of Arbitral Awards, Costs in Arbitration Proceedings
Arbitration Commercial Law Enforcement of Arbitral Awards Costs in Arbitration Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Ingham Property Development Pty Limited

Plaintiff

Impeccable Construction Pty Ltd

Defendant

Procedural Posture

Commercial Arbitration Enforcement / Dismissal of Proceedings

Legal Issues

  1. 1 Whether it is necessary for the plaintiff to bring proceedings to compel the defendant to pay arbitrator's fees
  2. 2 Whether there is any utility in these proceedings

Ratio Decidendi

There was no need for the plaintiff to seek enforcement orders from the Court as the arbitration award is enforceable by statute and assessment of costs can proceed under the Act without further court orders.

Court Disposition

Proceedings dismissed

Orders

  • The summons is dismissed with no order as to costs