Arbitral Digest

Matter

Broken Hill City Council v Unique Urban Built Pty Ltd

Applicable rules
The Rules of the Institute of Arbitrators, Australia for the Conduct of Commercial Arbitrations
  1. 5 June 2018Australia

    5 June 2018Australia

    Decision of the Supreme Court of New South Wales in the case 2018/34636 dated 5 June 2018

    Supreme Court of New South Wales

    Case no.
    2018/34636
    Citation
    [2018] NSWSC 825
    Decision summary
    The Court held that the arbitration agreement between Broken Hill City Council and Unique Urban Built Pty Ltd remained operative despite the named appointing body being defunct, and referred those parties to arbitration under section 8(1) of the Commercial Arbitration Act 2010 (NSW). The proceedings against Allen Jack + Cottier Architects Pty Ltd were not referred because no arbitration agreement existed between the Council and the architects.

    Supporting details

    8 authorities · 11 participants
    Broken Hill City Council
    Representative
    F.C. Corsaro SC (For: Broken Hill City Council)
    Representative
    Redenbach Lee Lawyers (For: Broken Hill City Council)
    Unique Urban Built Pty Ltd
    Representative
    T. Duggan SC (For: Unique Urban Built Pty Ltd)
    Representative
    M. Sheldon (For: Unique Urban Built Pty Ltd)
    Representative
    DW Fox Tucker Lawyers (For: Unique Urban Built Pty Ltd)
    Allen Jack + Cottier Architects Pty Ltd
    Representative
    M. Auld (For: Allen Jack + Cottier Architects Pty Ltd)
    Representative
    Colin Biggers & Paisley (For: Allen Jack + Cottier Architects Pty Ltd)
    Supreme Court of New South Wales

    Authorities cited

    8
    • Commercial Arbitration Act 2010 (NSW)
      statute
    • John Holland Pty Ltd v Kellogg Brown & Root Pty Ltd ([2015] NSWSC 451)
      case-law
    • Wilkie v Gordian Runoff Ltd ((2005) 221 CLR 522)
      case-law
    • Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd ((2015) 256 CLR 104)
      case-law
    • Lucky-Goldstar International (HK) Ltd v NG Moo Kee Engineering Ltd ([1993] HKCFI 14)
      case-law
    • Sembawang Engineers and Constructors Pte Ltd v Covec (Singapore) Pte Ltd ([2008] SGHC 229)
      case-law
    • Nova West Contracting Pty Ltd v Brimbank City Council ([2015] VSC 679)
      case-law
    • Leighton Contractors Pty Ltd v Hooker Corp Ltd (unreported, Full Federal Court of Australia, 10 August 1989 - G10 of 1989)
      case-law

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Broken Hill City Council v Unique Urban Built Pty Ltd · Matter