17 Feb 2005
HELA PHARMA AB V HELA PHARMA AUSTRALASIA LTD CA CA165/03
- Citation
- openlaw-4f2da6df_886f_419d_99d1_c6ba67d22e61.pdf
- Court
- Court of Appeal
The Court held that on the evidence the successor company had effectively taken the place of the original company and that by signing the separate reference to arbitration and related documents (in the context of mutual cross-claims and contemporaneous conduct) the successor became a party to the arbitration; consent to the new arrangement could be inferred and mutual promises supplied consideration, so the arbitrator retained jurisdiction and his factual conclusion was open on the evidence and should stand.