SPC International Pty Ltd v Olympic 2000 Homeswest Pty Ltd & Ors [1996] FCA 34

SPC International Pty Ltd v Olympic 2000 Homeswest Pty Ltd & Ors [1996] FCA 34

The application for a stay fails on the point of urgency, as it is not yet demonstrated that the arbitrator will refuse an adjournment. The Court declines to presume how the arbitrator will rule on the adjournment request.

Jurisdiction
Australia
Judgment Date
29 January 1996
Procedural Posture
Motion for Stay of Arbitration Proceedings / Interlocutory Application
Outcome
Adjourned
Legal Topics
['stay of Arbitration Proceedings' 'urgency of Applications']
['civil Procedure'] ['stay of Arbitration Proceedings' 'urgency of Applications']

Case Brief

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Procedural Posture

Motion for Stay of Arbitration Proceedings / Interlocutory Application

Legal Issues

  1. 1 ['Whether the motion for a stay of arbitration proceedings is urgent']

Ratio Decidendi

The application for a stay fails on the point of urgency, as it is not yet demonstrated that the arbitrator will refuse an adjournment. The Court declines to presume how the arbitrator will rule on the adjournment request.

Court Disposition

Adjourned

Orders

  • ['The motion for stay of arbitration proceedings is adjourned and may be dealt with at the next directions hearing fixed for 16 February 1996.']