Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited [2011] NSWSC 1331

Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited [2011] NSWSC 1331

The orders in the arbitral award were within the scope of the arbitration clause, which covered all disputes in connection with the Licencing Agreement. The issues regarding the transfer and constructive trust over shares and related inventions were disputes connected to the Licencing Agreement. The wording of the impugned orders was sufficiently clear, and any uncertainties or practical impediments would be addressed in subsequent enforcement proceedings. There was no breach of public policy and no valid discretionary reason to refuse recognition or enforcement under the Commercial Arbitration Act 2010 (NSW).

Parties
Plaintiff: Larkden Pty Limited; Defendant: Lloyd Energy Systems Pty Limited
Jurisdiction
Australia
Judgment Date
03 November 2011
Procedural Posture
Application for Recognition and Enforcement of Arbitral Award / Judgment on Application for Recognition and Enforcement
Outcome
Recognition and enforcement of the arbitral award granted. Costs awarded to Larkden Pty Limited.
Legal Topics
Enforcement of Arbitral Awards, Public Policy Exception in Arbitration, Specific Performance, Constructive Trust
Commercial Law Arbitration Law Equity Enforcement of Arbitral Awards Public Policy Exception in Arbitration Specific Performance Constructive Trust

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Parties

Larkden Pty Limited

Plaintiff

Lloyd Energy Systems Pty Limited

Defendant

Procedural Posture

Application for Recognition and Enforcement of Arbitral Award / Judgment on Application for Recognition and Enforcement

Legal Issues

  1. 1 Whether the arbitral award dealt with matters not within the terms of the submission to arbitration
  2. 2 Whether recognition or enforcement of the award would be contrary to public policy of New South Wales

Ratio Decidendi

The orders in the arbitral award were within the scope of the arbitration clause, which covered all disputes in connection with the Licencing Agreement. The issues regarding the transfer and constructive trust over shares and related inventions were disputes connected to the Licencing Agreement. The wording of the impugned orders was sufficiently clear, and any uncertainties or practical impediments would be addressed in subsequent enforcement proceedings. There was no breach of public policy and no valid discretionary reason to refuse recognition or enforcement under the Commercial Arbitration Act 2010 (NSW).

Court Disposition

Recognition and enforcement of the arbitral award granted. Costs awarded to Larkden Pty Limited.

Orders

  • Orders and declarations in accordance with prayers 2(a)-(f) of the Summons entered forthwith.
  • Lloyd Energy Systems Pty Limited to pay Larkden Pty Limited's costs of the proceedings including the costs of the application for leave under s 440D(1) of the Corporations Act.