Stewart Webster KC, with Bianca Kabel and Jeremy Butcher appeared for the first defendant, instructed by Ashurst Australia.
In this case, the second defendant, ACG Pty Ltd, applied for an order staying an arbitration between ACG Pty Ltd and the first defendant, MGN Pty Ltd. The stay was sought until determination of this proceeding and any appeals arising from it. Alternatively, ACG Pty Ltd sought to stay parts of the arbitration. The issue focused on the effect of the arbitral process on the court proceeding, and whether continuation of the arbitration constitutes an abuse of court process. The Court held that even if there is an overlap to the extent asserted, allowing the arbitration to proceed has not been shown to impair the integrity or conduct of the court proceeding. ACG Pty Ltd’s application for an order staying the arbitration or for an anti-arbitration injunction was dismissed.
The judgment can be read by clicking here
