Michael Trim (led by A Wyvill SC and instructed by MinterEllison) appeared for the first respondent, Power Generation Corporation (trading as Territory Generation).
The primary issue concerned the provision of indemnity costs, where the applicant had unsuccessfully applied to set aside an arbitral award under the Commercial Arbitration Act 2010 (Cth). After forming a view that Territory Generation had demonstrated special circumstances, Kelly J ordered that they be indemnified by Clarke Energy for the costs of and incidental to the originating application.
The judgment can be read by clicking here
