MANNINGHAM CITY COUNCIL v DURA (AUSTRALIA) CONSTRUCTIONS PTY LTD

3 VR 13·Winneke P, Phillips and Buchanan JJA
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[1999] 3 VR 13
MANNINGHAM CITY COUNCIL v DURA (AUSTRALIA) CONSTRUCTIONS PTY LTD SUPREME COURT OF VICTORIA - COURT OF APPEAL Winneke P, Phillips and Buchanan JJA 17 June, 01 October 1999 [1999] VSCA 0158 Arbitration and awards — Building contract — Staying proceedings — Clause providing for arbitration or litigation — Whether an “arbitration agreement” — Election by one party of litigation — Whether arbitration agreement brought to an end — Discretion to order stay of proceedings — Whether predisposition in favour of arbitration — Commercial Arbitration Act 1984 (No. 10167) ss. 4, 53(1)..

Clause 13.01 of a building contract provided that a notice of dispute from one party to the other was a condition precedent to the commencement of proceedings, whether by litigation or arbitration. Clause 13.03 provided that a party wishing to commence proceedings, whether by litigation or arbitration, must deliver a further notice after a period of negotiation as required by cl. 13.02. Clause 13.04 provided that a party giving a notice under cl. 13.03 who wished to refer the dispute to arbitration must take certain steps, including lodging a deposit as security for the costs of arbitration.

  • (a)that there is no sufficient reason why the matter should not be referred to arbitration in accordance with the agreement
  •  …

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[1999] 3 VR 13

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