5 Feb 2010
ADORN WORKSHOP LTD v. STEICKE, DAVID PAUL AND ANOTHER
- Citation
- ADORN WORKSHOP LTD v. STEICKE, DAVID PAUL AND ANOTHER
- Court
- District Court
- Case number
- DCCJ4350/2009
There is a binding arbitration clause in Clause 15 of the contract and a good prima facie case that the present dispute (claims for unpaid fees and defendants' counterclaims for defective and incomplete works and delay) falls within its scope; the arbitration clause is capable of performance; accordingly the court must stay proceedings in favour of arbitration and decline to decide the substantive dispute. Costs are awarded to the Defendants on an indemnity basis with a certificate for counsel because the Plaintiff knowingly instituted proceedings in breach of the arbitration clause.