Matter
Adrian Beard v Cargill Australia Limited (Supreme Court of New South Wales [2011] NSWSC 142)
- 10 March 2011Australia
10 March 2011Australia
Decision of the Supreme Court of New South Wales in the case 2010/378871 dated 10 March 2011
Supreme Court of New South Wales
- Citation
- [2011] NSWSC 142
- Decision summary
- The Supreme Court of New South Wales declared that the purported arbitral award made on or about 30 June 2010 was not made under an arbitration agreement within section 4(1) of the Commercial Arbitration Act 1984. The court restrained Cargill Australia Limited from seeking leave to enforce the award and ordered it to pay Adrian Beard's costs.
Supporting details
3 authorities · 7 participantsAdrian Beard
- Representative
- J S van Aalst (For: Adrian Beard)
- Representative
- Cater & Blumer (For: Adrian Beard)
Cargill Australia Limited
- Representative
- A J McInerney (For: Cargill Australia Limited)
- Representative
- Aitken Partners (For: Cargill Australia Limited)
Supreme Court of New South Wales
- Judge
- Ball J
- Date not availableArbitration
Date not availableArbitration
Arbitral award purportedly made on or about 30 June 2010
- Decision summary
- The tribunal found that Adrian Beard breached a contract to sell Cargill Australia Limited 350 tonnes of gritting maize at $210 per tonne and ordered him to pay $89,250 plus interest and costs.
Supporting details
7 participantsAdrian Beard
Cargill Australia Limited
Institution
- Arbitrator
- Alick Osborne
- Arbitrator
- Andrew Wilsdon
- Arbitrator
- Henry Wells
Other
- Witness
- Greg Williams
- Witness
- Donna Robertson