HARRISONS RAMSAY PTY. LTD. v. CRESPIN

[1921] VLR 643·SCHUTT, J.
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[1921] VLR 643
1921 VLR 643
HARRISONS RAMSAY PTY. LTD. v. CRESPIN Supreme Court of Victoria SCHUTT, J. 03 November 1921 Arbitration — Contract — Action on — Counterclaim based on prior contract — Arbitration clause — Application to stay counterclaim — Jurisdiction — Discretion — Arbitration Act 1915 (No. 2614), s. 5 .

* An application under sec. 5 of the Arbitration Act 1915 for the purpose of having legal proceedings stayed on the ground that the matters in dispute should have been submitted to arbitration pursuant to agreement must be made after appearance, if appearance be requisite, and in cases in which appearance is not requisite the application may be made at any time before taking any other step in the proceedings.

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[1921] VLR 643

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