Sea Containers Ltd v ICT Pty Ltd [2002] NSWCA 36
A stay of the removal order was refused on grounds of insufficient utility, as expedition was warranted and all parties should proceed on the basis the appeal and leave application would be heard and decided by end of March; specific procedural orders for expedited hearing and submissions were made.
- Parties
- Claimant: Sea Containers Ltd; Opponent: ICT Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 25 February 2002
- Procedural Posture
- Application by Notice of Motion / Interlocutory
- Outcome
- application granted in part; stay refused
- Legal Topics
- Removal of Arbitrators, Stay of Orders, Expedition of Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
Sea Containers Ltd
Claimant
ICT Pty Ltd
Opponent
Procedural Posture
Application by Notice of Motion / Interlocutory
Legal Issues
- 1 whether the hearing should be expedited
- 2 whether the order for removal of arbitrators should be stayed until determination of leave to appeal and appeal
Ratio Decidendi
A stay of the removal order was refused on grounds of insufficient utility, as expedition was warranted and all parties should proceed on the basis the appeal and leave application would be heard and decided by end of March; specific procedural orders for expedited hearing and submissions were made.
Court Disposition
application granted in part; stay refused
Orders
- Summons for leave to appeal be expedited.
- Summons for leave to appeal be heard and determined concurrently with the appeal in so far as leave to appeal is granted.
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