[2012] NSWCA 104

Hancock Prospecting Pty Ltd v Welker

1. Leave to appeal granted 2. Appeal dismissed with costs [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords

PRACTICE AND PROCEDURE - Stay of proceedings - Referral to arbitration - Arbitration clause - Construction of arbitration clauses. PRACTICE AND PROCEDURE - Stay of proceedings - Referral to arbitration - Agreement to refer "any dispute under this deed" to arbitration - Construction - Whether claim pursuant to Trustee Act 1962 (WA) and court's inherent and equitable jurisdiction a "dispute under this deed" - Relevance of defences invoking deed.

Cases cited

Rinehart v Welker[2012] NSWCA 95

Judgment

[1]
BATHURST CJ: For the reasons given in the judgment on the appeal brought by Gina Hope Rinehart and Ginia Hope Frances Rinehart, which was heard with the present appeal (Rinehart v Welker [2012] NSWCA 95) the appeal by Hancock Prospecting Pty Ltd (HPPL) against the orders of Brereton J of 22 December 2011 declining to order a stay of proceedings should, in my opinion, be dismissed with costs.
[2]
MCCOLL JA: For the reasons I have given in Rinehart v Welker [2012] NSWCA 95, I agree with Bathurst CJ that the appeal should be dismissed.
[3]
YOUNG JA: I agree with the Chief Justice.